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Determining the ideal counter-damage number - part 1
When the average juror walks into a courtroom, the juror’s concept of the value of a case is based on the extreme verdicts described in the media, the cherry-picked largest verdicts touted by plaintiff attorneys in their advertisements, and the often hefty amount of money requested by the plaintif...
Melissa Loberg, Ph.D. & George R. Speckart, Ph.D.
— May 2021 — 32 views Exploratory research Jury consulting Litigation psychology Research Trial consulting


A closer look at real-time feedback devices
Every so often, a client will ask us about usage of hand-held feedback devices, often called Perception Analyzers or “moment-to-moment” data collection systems, for utilization in jury research projects. Being trained researchers at heart, we have conducted extensive research on these devices and ...
George R. Speckart, Ph.D. - Litigation Psychology
— April 2021 — 125 views Confirmatory research Exploratory research Jury consulting Litigation psychology Mock trials Research Scientific method Trial consulting


Is fear of science costing your firm? - part 2
In the first part of this topic , we introduced the role of science and prediction in litigation and an overview of the jury research industry. In part two, we examine the importance of predictive validity and how it is achieved to provide actionable insight. * * *   * * Establishing Qualificati...
George R. Speckart, Ph.D. - Litigation Psychology
— March 2021 — 227 views Confirmatory research Exploratory research Focus groups Jury consulting Litigation psychology Mock trials Research Scientific method Trial consulting


Is fear of science costing your firm? - part 1
After spending thirty years working with trial teams, the same types of questions seem to continually surface: “How much will a jury award?”  “Will this theme be persuasive?”  “What kinds of jurors will be most receptive to my case?”  Scrutiny of the underlying factual issues underlying these ques...
George R. Speckart, Ph.D. - Litigation Psychology
— March 2021 — 224 views Confirmatory research Exploratory research Focus groups Jury consulting Litigation psychology Mock trials Research Scientific method Trial consulting


Litigation Psychology Podcast #59 - Best practices for large cases
Trial attorneys and partners Thomas Segars & James Weiss from Ellis | Winters join the podcast to talk with Dr. Bill Kanasky about high exposure litigation and their process to approach these cases. Tom and Jamie share the importance of getting started early and the work they do on thinking about ...
CSI - Courtroom Sciences Inc
— March 2021 — 333 views Depositions Jurors Jury consulting Litigation psychology Mock trials Nuclear verdicts Trial consulting Witness training


Scientific evaluation of juror damage awards post-COVID
Few individuals would argue that COVID-19’s aftermath has left potential jurors in a heightened state of emotion. Our own research at Courtroom Sciences, Inc. has confirmed these assumptions as well.   This becomes problematic when considering that jurors in a heightened state of emotion have les...
Steve Wood, Ph.D. - Litigation Psychology
— February 2021 — 326 views COVID-19 Jurors Jury consulting Litigation psychology Mock trials Research Trial consulting


Discovery obligations during the pandemic
Having resolved discovery disputes related to the COVID-19 pandemic for almost a year, trial courts have considered myriad creative discovery objections concerning whether and how litigants must present their witnesses for deposition testimony. With increased familiarity and experience resolving w...
Jae Ellis - Courtroom Sciences, Inc.
— February 2021 — 315 views Court reporting COVID-19 Depositions Paralegals


How jurors evaluate cases and determine liability - part 2
In None part 1 of this article , we established the process and decision-making approach that jurors utilize in determining witness credibility and liability, including their evaluation of communications. In part 2, we take a deeper dive into the communications aspect. * * * * * The real “tells...
George R. Speckart, Ph.D. - Litigation Psychology
— February 2021 — 351 views Jurors Jury consulting Litigation psychology Mock trials Scientific method Trial consulting Witness training


How jurors evaluate cases and determine liability - part 1
At trial during the plaintiff’s case for In re  Burlington Northern Inc., 822 F.2d 518 (5 th Cir. 1987), lead defense counsel was viewing videotaped deposition testimony for the first time from one of the key witnesses, a CEO, and founder of one of the defendant companies.  “I nearly fell out of m...
George R. Speckart, Ph.D. - Litigation Psychology
— January 2021 — 457 views Jurors Jury consulting Litigation psychology Mock trials Scientific method Trial consulting Witness training


Litigation trends in 2021 - part 2
In part 1 of this topic , we covered litigation trends and developments including an increase in settlements, changing juror perceptions, the fragile state of witnesses, and considerations, risks, and opportunities around essential workers. In the final part of this topic, we dive into nuclear ve...
CSI - Courtroom Sciences Inc
— January 2021 — 498 views Anti-reptile COVID-19 Crisis Enterprise risk management Jury consulting Litigation psychology Nuclear verdicts Reptile Trial consulting Witness training


Defense strategy during the pandemic
The U.S. Census Bureau estimates 37% of Americans experienced symptoms of anxiety or depression during mid-December 2020 ( U.S. Census Bureau, Household Pulse Survey, 2020 ). Defense attorneys returning to the courthouse for trials in coming months will face a jury venire composed of many people ...
Melissa Loberg, Ph.D. & Lorie Sicafuse, Ph.D.
— January 2021 — 496 views COVID-19 Jurors Jury consulting Litigation psychology Research Trial consulting


Litigation trends in 2021 - part 1
If 2020 taught us anything, it is that making predictions about the future is foolhardy. Though the unexpected is likely to be woven into every aspect of our lives and businesses, there often are trends and developments that are worth being aware of and prepared for. Considering that approach, th...
CSI - Courtroom Sciences Inc
— January 2021 — 561 views COVID-19 Depositions Jurors Jury consulting Litigation psychology Mental health Mock trials Research Trial consulting Witness training


The Litigation Psychology Podcast #51 - Attorney demeanor
In this week’s podcast, trial attorneys Paul Motz, Shareholder, Segal McCambridge Singer & Mahoney and Matt Moffett, Partner, Gray, Rust, St. Amand, Moffett & Brieske, LLP, join CSI Litigation Consultants Dr. Steve Wood and Dr. Bill Kanasky to discuss the topic of attorney credibility and attorney...
CSI - Courtroom Sciences Inc
— January 2021 — 566 views Anti-reptile Confirmatory research Depositions Exploratory research Focus groups Insurance defense Jurors Jury consulting Litigation psychology Mock trials Nuclear verdicts Reptile Research Trial consulting Witness training


Jury selection in intellectual property cases - part 2
In part 1 of this topic , we laid the groundwork that two different sets of profile characteristics were needed to reliably identify plaintiff and defendant juror types:   Those who would tend to find (non)infringement and those who would tend to find (in)validity. Part 1 included an analysis of...
George R. Speckart, Ph.D. - Litigation Psychology
— December 2020 — 450 views Jurors Jury consulting Litigation psychology Research Trial consulting Witness training


Jury selection in intellectual property cases - part 1
Introduction In the early days of patent litigation – when real inventors were suing corporations ( Kearns v. Ford Motor Company ) or corporations were suing each other ( Procter & Gamble v. Kimberly Clark , a.k.a “diaper wars” or Dow v. Exxon Chemical ) -- the scientific approach that was taken i...
George R. Speckart, Ph.D. - Litigation Psychology
— December 2020 — 469 views Focus groups Jurors Jury consulting Litigation psychology Research Scientific method


The Litigation Psychology Podcast #48 - Trucking litigation
Trucking attorney Doug Marcello joins the podcast to discuss trial tactics for trucking litigation cases . Doug shares the process he uses in planning his cases, the importance of persuasion, and how he builds a story for the jury right from opening statement. Doug and Dr. Bill Kanasky also talk ...
CSI - Courtroom Sciences Inc
— December 2020 — 526 views Anti-reptile Jurors Jury consulting Litigation psychology Reptile Trucking & transportation Witness training


Survey: Covid-related attitude changes toward industries
* Introduction * All of us have been significantly impacted by the COVID-19 crisis. Most of us have experienced significant changes in how we socialize, work, and educate our children. Not only are our behaviors affected by the crisis, our way of viewing the world is also affected during this ti...
Lorie Sicafuse, Ph.D. - Litigation Psychology
— December 2020 — 523 views Anti-reptile COVID-19 Jurors Jury consulting Litigation psychology Reptile Research Trucking & transportation


The Litigation Psychology Podcast #47 - Toxic tort cases
Rick Braun, Partner in the Detroit office of Hawkins Parnell and Young, LLP talks with CSI Litigation Consultant Dr. Steve Wood about toxic tort cases, how the media portrays these types of cases and how these portrayals impact defending toxic tort cases. They discuss the influence of pop culture,...
CSI - Courtroom Sciences Inc
— November 2020 — 568 views Focus groups Jurors Jury consulting Litigation psychology Mock trials Planning Reptile Trial consulting Witness training


The Litigation Psychology Podcast #45 - Nuclear verdicts
CSI Litigation Consultant Dr. Steve Wood joins the podcast to discuss the causes of nuclear verdicts and the myth of social inflation. Dr. Wood and Dr. Kanasky explain the psychology behind the concept of social inflation and why it is being promoted so much. They also talk about how you can leve...
CSI - Courtroom Sciences Inc
— November 2020 — 588 views Focus groups Jurors Jury consulting Litigation psychology Mock trials Nuclear verdicts Trial consulting Witness training


The Litigation Psychology Podcast #44 - Healthcare Litigation
Jason Long, Attorney with London | Amburn Attorneys at Law joins the podcast to discuss several healthcare litigation topics. Jason and Dr. Bill Kanasky talk about what the impacts of Covid-19 have been - both good and bad - on witness training , depositions, and some lessons learned thus far. Th...
CSI - Courtroom Sciences Inc
— November 2020 — 605 views Anti-reptile COVID-19 Depositions Health care / med mal Jurors Jury consulting Litigation psychology Reptile Research Trial consulting Witness training