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

June 30th, 2020|Litigation Insights|

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

Online Trials: Expect Both Challenges and Opportunities

June 29th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: This past Friday and Saturday, June 26-27, an unusual exercise was held, exploring both the promise and the perils of a fully online jury trial. The Online Courtroom Project, which I am a part of, conducted an eight-hour exploratory trial on two web-conferencing platforms. There have been other demonstrations and tests in the past few months, but to my understanding, this one was the most comprehensive in including all or nearly all of the features that one would expect in an actual trial. Over the course of two days, attorneys, judges, consultants, and a gallery of viewers

Consider COVID Attitude Changes, Part 9: Precaution Is Partisan

June 25th, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: President Trump told the Wall Street Journal last week that Americans currently wearing face masks over their mouths and noses might be doing so, not so much to stop the spread of the virus, but to “signal disapproval” of him as President. That statement might be equal parts exaggeration and self-fulfilling prophesy, but it probably reflects rather than causes a growing partisan split on the role of personal protection in the midst of the pandemic. Few masks have been in sight at the President’s rallies, and there are places in the U.S. where it is rare

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

June 25th, 2020|DOAR|

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|2's Company - Magnus Insights|

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

Consider COVID Attitude Changes, Part 8: Population Density Matters

June 22nd, 2020|Persuasive Litigator (Persuasion Strategies)|

By Dr. Ken Broda-Bahm: As I write this, a crowd of Trump supporters is entering the BOK Center in Tulsa, Oklahoma, to attend the President’s first mid-pandemic rally. In other parts of the country, and at opposite ends of the political spectrum, large groups continue gathering to protest racial bias in policing. In both cases, attendees are playing down the advice of medical professionals to avoid large groups of people. The same could be said of the many out shopping and visiting local attractions. After close to four months of lockdowns brought about by the coronavirus, and even as the