Trial Consultants as Key Assets in Multidistrict Litigation

July 9th, 2020|The Advantage Blog - Tsongas Litigation Consulting|

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

Voir Dire on Civil Disobedience

July 9th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: What do your potential jurors think about the necessity to follow the law at all times? While it won’t apply in all cases, it will apply to many. Recent protests against police brutality across the country have led to scores of non-violent protestors being arrested for crimes such as “failure to disperse,” “failure to obey a lawful order,” or the catch-all “disorderly conduct.” Add these new protests to the continuing backdrop of protests against pipelines, climate change, and many other issues, and there is some regularity to the law enforcement response. While most of these cases

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

July 7th, 2020|Litigation Insights|

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

Voir Dire on Willingness to Serve

July 6th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: When jury trials start up again, one way or another, it is going to be a strange and potentially uncomfortable experience for the jurors. If reporting in person, they will be dealing with distancing, masks, temperature checks, hand washing and a risk of infection. Alternatively, if they are logging in to participate via Zoom or similar web-conferencing technology, then they will be contending with their own technology, and finding a location where they can sit alone for long periods of time in front of a screen. In either scenario, the ability and willingness of the juror

Consider COVID Attitude Changes, Part 10: Greater Solidarity

July 2nd, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: As the number of our posts on attitude changes in the midst of the coronavirus pandemic reaches double digits, astute readers will note that there are some apparent inconsistencies emerging in the reports. For example, the public feels a greater disconnect with big corporations, but also greater trust for “Big Pharma”.They are more supportive of local government, but also more polarized about science and the level of precautions being recommended. Society is complex, and sometimes trends moving in opposite directions can happen at that same time. For example, I’ve previously written that the contagion is prompting a tendency to become

Research Shows COVID-Related Opinion Shifts in Nationwide Jury Pools

July 1st, 2020|The Sound Jury Library (Sound Jury Consulting)|

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