Mold Litigation: Themes, Mock Trials and Other Tactics
Mold is in the news. This is of concern to those involved in settling and litigating those cases because the media usually sensationalizes the issue and offers a very selective presentation of facts and scientific and medical controversies around the issue of toxic molds.
Humanizing The Accused Gang Defendant
It is rarely enough to simply counter the prosecution’s charges to make an effective case presentation. To the extent possible, you need to create an affirmative story about your client and his or her life. Make your client into a human being that jurors can understand in terms of the life stories and motivations that they are familiar with and embrace.
Theme Development and Jury Selection in Product Liability Cases
The creative aspect of case theme development should not be overlooked. Arguments, metaphors, analogies, and imagery to use for argument can come from a variety of sources. The process of developing ideas is not scientific, but is often critical to develop case winning themes. On the other hand, testing case themes, to determine how effective they can be, is scientific. Mock trials, and in some cases, community surveys, can be used to evaluated and determine the effectiveness of various approaches to case argument.
What Jurors Bring To Trial: Juror Attitudes in Trucking Litigation
Jurors can have strong emotions about truck related litigation. Trucks can scare people. Motor vehicle litigation, with skillful verbal and visual reenactments of accidents, can push these emotional buttons. No matter what jurors’ general beliefs about trucking companies or drivers, all jurors can have strong emotional reactions (anger and fear) to certain scenarios.
Adjusting for Attitude: The Way Jurors in IP Cases View The World Can Impact Your Dispute
Intellectual Property attorneys need to attend to juror attitudes. While many jurors may not have previous experience with virtually any part of an intellectual property case, they may still have attitudes which color their views of case themes and facts. Assessing these attitudes can be an important part of an attorney’s strategy in an intellectual property case.
More Thank Pretty Pictures: How The Process of Creating Graphics Persuades Judges and Jurors in Patent Cases
A picture is worth a thousand words; we all know that. Unfortunately, what many patent trial lawyers do not realize is that the process of creating these pictures is worth far, far more. Trial lawyers need to stop thinking of their trial graphics as merely "pretty pictures" (i.e., just end products such as charts and graphs) and, instead, focus on the benefits associated with the process of creating those tools.
Maximizing The Impact Of The Eminent Domain Case On The Jury
Although the issue for the jury in an eminent domain case may appear to be fairly straightforward, there is certainly the likelihood that the jury’s decision will be influenced by biases about the parties and extralegal issues in the case, such as best use and good will. Like any other type of case, issues of jury selection, case evaluation, mock trial research, witness presentation are critical factors in the outcome of an eminent domain case.
Presenting Witnesses For A Bad Faith Case
It is often remarked that at heart, trial attorneys are storytellers. While that remark contains an important grain of truth, trial attorneys work under severe constraints compared to a Balzac, Shakespeare, or Dickens. Trial attorneys don’t have freedom to create characters and stories from whole cloth but must work with the facts and characters given them, and that the rules of evidence allow to be presented in a court of law.
When Prevention Isn't Enough: Using Jury Research To Prepare For Nurssing Home Litigation
Defendants face a jury pool with many negative views about nursing homes. Attorneys and consultants must work together to minimize the risks associated with litigation. Jury research can assist in identifying challenges and in developing persuasive case themes to respond positively to juror concerns.