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My Case Isn’t Going to Trial, So Why Do I Need a Trial Consultant?

We at Litigation Insights sometimes worry that the common monikers for our profession such as “trial consultants” and “jury consultants” create the impression that a case needs to end up in trial for us to be of assistance.  Add in the fact that civil jury trials have been in steady decline [1] while alternative dispute resolution […]

How Can the Defense Use the “Reptile Approach” Against Plaintiffs?

“This is a very important case, and by being a juror on a case like this, you’re taking on a pretty big role; you’re basically a guardian of the community.  You’re the ones that get to be the decider about when things are wrong or when they’re right, or when some change needs to happen. […]

What are the Critical Juror Attitudes to Know before Jury Selection in Medical Malpractice Litigation?

For many reasons, including tort reform, it is becoming increasingly difficult for plaintiffs to win big in medical malpractice suits. In fact, roughly 75-85% of medical malpractice cases that go to trial result in defense verdicts. This result, as we have seen, may stem from the fact that plaintiff attorneys, who at one time filed […]

Five of the Most Common Defense Case Vulnerabilities: Medical Products Liability Litigation and Beyond

Armed with the knowledge of the common plaintiff perspectives described below, there is much defense counsel can do in an effort to mitigate their effectiveness.  As early as discovery, and prior to being deposed by plaintiff counsel, both expert and fact witnesses can be given tools (e.g., thematic responses) to deal with tough questions that […]