Archives – Page 48 – The Red Well

The Pandemic Highlights the Power of Personal Experience in Persuasion

July 16th, 2020|

By Thomas M. O’Toole, Ph.D. “I don’t think it would make a difference at all. I’m not even convinced this whole coronavirus thing is real. I don’t know anyone who’s had it.” The irony is that Robert, the mock juror who made this statement during deliberations, was exactly the kind of person who should be most concerned about the virus. He checked off many of the high-risk categories for those most susceptible. Yet, despite daily news reports about death tolls and infection rates, and despite his unique vulnerabilities, he was suspicious that it might all just be some sort of

Trial Consultants as Key Assets in Multidistrict Litigation

July 9th, 2020|

Managing the scope of multidistrict litigation (MDL) is a daunting task for attorneys and trial teams. The sheer number of cases, attorneys, and witnesses involved in the process creates significant challenges, especially when trying to keep everyone involved in the process “singing from the same sheet music.” Defining, designing, and modifying strategy and tactics based on data, insight, and feedback across cases and participants is critical to ensuring more predictable and successful outcomes. At Tsongas, we have been deeply involved in numerous, significant MDLs. As litigation and trial consultants, the aim of our approach is to promote the use of

Has COVID-19 Affected Jurors’ Trust in Government Agencies and Safety Standards? – Part 2

July 7th, 2020|

As discussed in Part 1, Litigation Insights’ national survey1 on the federal government and the Centers for Disease Control and Prevention (CDC), the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), and the Occupational Safety and Health Administration (OSHA) revealed that jurors have significantly more positive views of individual federal agencies than the federal government as a whole. But do these attitudes apply for everyone? What personal factors influence these opinions? Part 2 of our investigation into COVID-19-era juror attitudes about government safety standards now seeks to analyze more deeply what affects the differences in jurors’ evaluations, along

Research Shows COVID-Related Opinion Shifts in Nationwide Jury Pools

July 1st, 2020|

By Jill D. Schmid For the past couple of years, we’ve been conducting national surveys on a variety of subjects in order to find out what kinds of widely held beliefs jurors bring into the courtroom. This data has helped inform many litigation strategies, witness preparation efforts, and jury de-selection strategies. Recently, we put all the questions together, added COVID specific questions, and conducted our largest nationwide survey yet. All of the data was collected in May 2020. The data not only tells us about how the jury pool will likely be different in the foreseeable future due to the

Has COVID-19 Affected Jurors’ Trust in Government Agencies and Safety Standards? – Part 1

June 30th, 2020|

Corporate defendants often rely on government safety standards for product safety, services, and workplace procedures. In litigation, standards from the Centers for Disease Control and Prevention (CDC), the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), and the Occupational Safety and Health Administration (OSHA) all play a key role in their defense, case themes, and expert testimony. “OSHA is the expert in keeping workers safe and employers on task”; “The CDC’s findings are based in the world’s best and most respected science”; “The FDA’s regulations are the gold standard for safety in the pharmaceutical industry” – themes like

#MeToo, Political Affiliation, and Personal Experience Affect Jurors’ Attitudes About Discrimination and Harassment

June 25th, 2020|

July 25, 2020 – New York, NY – DOAR, the nation’s leading trial consulting company, today released important findings from a new study that measured the perceived prevalence of discrimination and harassment in the workplace and the effects on jurors’ attitudes toward employment cases alleging the specific wrongdoings. The results indicate overwhelmingly that many factors come to bear—including political beliefs, personal experience, and the #MeToo movement—on how jurors will evaluate the context in which employment lawyers advance case themes on their clients’ behalf. The study, “Implications for Litigating Employment Cases in a #MeToo World,” was conducted by the DOAR Research

“I’ll be there on time if…”

June 23rd, 2020|

Magnus Research Consultants has, for many years, employed on a part time basis people who work with us exclusively on research days. We call our wonderful part time staff members Research Technicians because they handle numerous technical aspects of our research, including video camera operation, video editing, and oversight of our mock jurors. The majority of Magnus’ Research Technicians are Black, Indigenous, and People of Color (BIPOC) and they are from various countries including Haiti, Jamaica, The United Kingdom, Dominican Republic, Cuba, and Peru, to name a few that immediately come to mind. We travel all over the United

Sharing Covid-19 Efforts Unlikely to Change Verdicts

June 19th, 2020|

Originally published in Law360, June 12, 2020 The COVID-19 pandemic has elicited a variety of responses by businesses trying to build or maintain good relationships with consumers. Anyone watching television has been bombarded with commercials from companies expressing that they “care” and that “we will get through this together.” Some businesses are going beyond expressions of support and taking steps to help the response to the pandemic, including donations of personal protective equipment and other support for health care workers. As trials begin again in the U.S., companies that defend themselves in front of juries will be confronted with a difficult

“The Answer is Clear.” – A Victory for the LGBTQ Community Sets the Stage for Future Filings

June 17th, 2020|

In one of its most important and far-reaching employment decisions, Bostock v. Clayton County, Georgia, the Supreme Court of the United States held that Title VII’s “because of sex” language forbids discrimination in employment against transgender and gay individuals. Not since Obergefell v. Hodges has the LGBTQ community celebrated a decision of this magnitude. Not to mention, this decision is the first significant victory for transgender rights in history. In the opinion, Justice Gorsuch, a Trump appointee, unequivocally explains: The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or

Understanding Heightened Juror Emotions During the Pandemic

June 16th, 2020|

By Scott Herndon, M.A. Traumatic national events, like the COVID-19 pandemic elicit a broad range of emotions in potential jurors. Jurors, like all of us, worry about the safety of our family and loved ones, keeping jobs, the state of the economy, or the stress of taking on new family and educational responsibilities. Recently, we have conducted some national survey research and the data demonstrates that the pandemic has heightened many latent juror attitudes about the government, corporations, and many other institutions and business. These stressors and biases combine to create a mix of emotions that potential jurors bring