Jury Selection in Labor and Employment Cases
Jury selection in employment cases provide unique opportunities and challenges for litigators. Employment cases differ from most other cases that come before a jury in that the majority of jurors come in with personal experience with employment. They have been employees, employers or both. In contrast to patent cases or securities litigation where we often hear juror concerns about being unqualified to render decisions, jurors in employment cases may actually overestimate their own qualifications for judging employment matters. They can run the risk of letting their self-professed experience-based expertise outweigh the case facts and even the law in their