Albert Pujols v. Jack Clark: Who Has the Home Field Advantage?

While the brouhaha around Alex Rodriguez, Ryan Braun and a supporting cast of Biogenesis customers swirled about Major League Baseball, a small sideshow was taking place here in flyover country. On August 2, 2013, Jack Clark, a former St. Louis Cardinals first baseman-turned-broadcaster, sat in front of the microphone for his newly minted talk radio […]

Happy Holidays from Litigation Insights

At this time of year, we are thankful for the opportunity to express our appreciation for our many clients, colleagues and friends.   created internally by the Visual Communications Division of Litigation Insights We have made a monetary contribution in your honor to each of the following charities. If you are interested in learning more about […]

The Three C’s: Making the Case for a Written Trial Questionnaire

When a potential juror exhibits that he or she may not be able to make a fair and impartial assessment of your case, a cause challenge is (or should be) made. But what if you are not getting the information you need to make the all-important decision as to whether a cause challenge is warranted? […]

“Line!!” When Your Witness is Too Prepared

Recently, I observed the direct examination of the plaintiff’s first fact witness when I was representing the defense. Within minutes, it became clear the fact witness’ direct had been highly scripted. You are probably wondering, “So what? Aren’t most direct examinations scripted to guide the witness through his/her testimony?” While that is true, this examination […]

Jurors’ Evaluation of Financial Industry Defendants During a Recession

Slowly coming away from the most recent recession, almost all Americans have found that they’ve been affected by the slumping economy in some way or another. Interested in examining how the past six years has affected juror bias, Litigation Insights conducted a nationwide survey of mock jurors to assess their attitudes toward banks, financial institutions […]

Voir Dire Strategy: Sacrificing Your Queen

In chess, your queen is a valuable piece that you want to protect, but there are times when strategically it makes sense to sacrifice your queen to gain a tactical advantage. The same can be true during attorney-conducted voir dire. There are times when it is very clear that a juror is the best juror […]

Jurors’ Attitudes Toward the Aviation Industry

At Litigation Insights, we’ve developed a survey that we administered to juror-eligible respondents across the county to assess their attitudes concerning the aviation industry. From government regulation and safety standards, to the performance of TSA and the FAA, we polled jurors’ attitudes toward the aviation industry to help us better understand how a potential juror […]

Witness Tip: Anxiety is the #1 Barrier Affecting Communication

There are communication stumbling blocks to any public speaking event, be it speaking in front of a group of people or testifying during deposition or at trial. Each comes with its own level of stress and anxiety for anyone and for a variety of reasons. Understanding the source of a person’s anxiety can help a […]

The Zimmerman Verdict: Stepping Away From the Noise

In the aftermath of the George Zimmerman verdict, the airwaves, blogosphere and social media have been ablaze with argument, indignation and calls for reform.  On major networks, “experts” of all stripes have bellowed their “no ways” and “told you sos,” and the debate about whether “the system” is “broken” or not rages on.  Rather than […]

Juror Trust of Federal Agencies and Safety Standards in Defense Cases

In today’s business landscape – in industries from manufacturing to banking – government agencies play an ever more important role in regulating products, warnings, workplace environments, financial transactions and the like. Defendants frequently must point to the controlling government agency and its regulations to show compliance, but often also to convince jurors that the government […]