By Dr. Ken Broda-Bahm: We live in uncertain times, and that is becoming a more obvious observation by the day. From the turmoil in the financial markets to the tumult in the marketplaces of ideas, there is a widely felt lack of security, predictability, stability, and foundation: We don’t feel particularly safe. The idea that […]

By Dr. Ken Broda-Bahm: Everyone who works with our court systems, including those who work in civil litigation, are invested in the idea of rule of law. Whether our case has to do with governmental powers or not, whether it involves civil rights or not, the procedure and the trial are parts of a noble […]

By Dr. Ken Broda-Bahm: It is common advice for witnesses in the courtroom or representatives at counsel table: keep a poker face. That advice — avoid scowls, grimaces, and other head-shaking reactions while you’re being observed by a jury — has some obvious common sense behind it. But the advice can also be taken to […]

By Dr. Ken Broda-Bahm: Something that we see over and over again in mock trials has now occurred in an actual trial. A recent jury in Allegheny County, Pennsylvania entered a defense verdict in favor of Johnson & Johnson, answering “No” to the question of whether the company’s talc powder caused the plaintiff’s injuries… then […]

By Dr. Ken Broda-Bahm: Government regulators can often play a role in civil litigation. In some cases, they’re involved as parties. More often, however, their role is as a proxy. In those situations, jurors might look at whether the defendant followed the regulations as a shortcut to determine whether the defendant acted reasonably or not. […]

By Dr. Ken Broda-Bahm: There is a case currently playing out in the Southern District of New York, Major League Baseball Players Inc.,v. Underdog Sports, Inc. There is a common dynamic called out right there in the caption: One side is the “Major League” while the other side is the “Underdog.” A version of this […]

By Dr. Ken Broda-Bahm: Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will shoot up. In some cases, the claims make an obvious case for […]

By Dr. Ken Broda-Bahm: Here’s a scenario we often see when watching deliberations in a mock trial: The subject of the defendant’s alternate damages number comes up, and jurors see it as a weakness. Even when the defense attorney has supplied all of the responsible caveats (e.g., We don’t think you should get to damages, […]

By Dr. Ken Broda-Bahm: In Charles Dickens’ classic “A Christmas Carol,” the final act is brought by the spectral Ghost of Christmas Future who shows the miserly Ebenezer Scrooge the vision of those he mistreated in life celebrating his death after he is gone. This Christmas, that part of the seasonal story might be hitting […]

By Dr. Ken Broda-Bahm: Here’s a welcome development: The state of Maryland has embarked on a pilot program to test out the effects of expanded voir dire. In many parts of the country (looking at you, Arizona) the ability of litigants to explore and deselect jurors based on bias is being reined in, with some […]