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Litigation Psychology Podcast #79 - Settlement negotiations
Kellie Howard-Goudy, Attorney with Collins Einhorn Farrell, joins the podcast to talk about strategies for settlement negotiations. Since over 95% of cases settle, honing the skills and process to manage settlement negotiations is a critical skill for litigators. Kellie shares her strategy for set...
CSI - Courtroom Sciences Inc
— July 2021 — 115 views COVID-19 Focus groups Settlements


Litigation Psychology Podcast #73 - Cognitive fatigue
In this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky talks about preventing nuclear settlements at deposition by doing a better job of managing the cognitive fatigue of witnesses during deposition testimony. Scientific evidence makes clear that witnesses begin to fatigue mentally...
CSI - Courtroom Sciences Inc
— June 2021 — 205 views Anti-reptile Depositions Litigation psychology Nuclear verdicts Reptile Settlements Witness training


Save money with early jury research
Everyone in the litigation management business is concerned about the rising costs of litigation. Just managing the litigation process is a seriously daunting process. In many cases, trying to keep the budget on track can become a major endeavor involving excess costs brought on by improper and im...
CSI - Courtroom Sciences Inc
— May 2021 — 272 views Exploratory research Focus groups Insurance defense Litigation psychology Planning Research Scientific method Trial consulting


Myth #5: All mock trials are the same
In a prior myth , I dispelled the notion that it is too expensive to use a Litigation Consultant. For my next entry in the  Myths of Litigation Science, I turn my attention toward the decision that clients have to make after deciding to engage a Litigation Consultant – price. This can be a  se...
Steve Wood, Ph.D. - Litigation Psychology
— May 2021 — 320 views Confirmatory research Focus groups Litigation psychology Mock trials Research Scientific method 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 — 261 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 — 353 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 — 340 views Confirmatory research Exploratory research Focus groups Jury consulting Litigation psychology Mock trials Research Scientific method Trial consulting


Alternative exploratory research designs in litigation - part 3
In part 1 of this topic , we introduced the concept of alternative formats for Exploratory Research and detailed the specifics of a traditional Focus Group. In part 2 , we described two alternate Focus Group designs: Graphics Research and Juror Profile Research. In this final section, we explain...
George R. Speckart, Ph.D. - Litigation Psychology
— March 2021 — 338 views Exploratory research Focus groups Jurors Litigation psychology Mock trials Presentations Research Scientific method Trial consulting Witness training


Alternative exploratory research designs in litigation - part 2
In part 1 of this topic , we introduced the concept of alternative formats for Exploratory Research or “different types of Focus Groups” and detailed the specifics of a traditional Focus Group. In part 2, we describe two alternate Focus Group designs: Graphics Research and Juror Profile Research....
George R. Speckart, Ph.D. - Litigation Psychology
— February 2021 — 347 views Exploratory research Focus groups Litigation psychology Mock trials Research Scientific method Trial consulting


Alternative exploratory research designs in litigation - part 1
Pre-trial or “jury research” is sometimes bifurcated into two categories , the first being Exploratory Research – projects designed to initially “see what’s out there,” investigate the substantive terrain of a case, and find out “what sticks” thematically in terms of case arguments, issues, and e...
George R. Speckart, Ph.D. - Litigation Psychology
— February 2021 — 343 views Exploratory research Focus groups Litigation psychology Research Scientific method Trial consulting


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 — 447 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 — 545 views Jurors Jury consulting Litigation psychology Mock trials Scientific method 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 — 570 views Focus groups Jurors Jury consulting Litigation psychology Research Scientific method


The Litigation Psychology Podcast #41 - Nuclear Verdicts
In this special edition of The Litigation Psychology Podcast, Trucking Litigation Attorney Doug Marcello interviews Dr. Bill Kanasky on the subject of nuclear verdicts. They discuss the definition of a nuclear verdict and what causes a nuclear verdict to occur, including the impact of Reptile an...
CSI - Courtroom Sciences Inc
— October 2020 — 917 views Anti-reptile COVID-19 Jurors Jury consulting Nuclear verdicts Reptile Research Scientific method Trial consulting Trucking & transportation Witness training


Addressing the challenges of healthcare litigation
It's no secret that the healthcare industry has a high volume of litigation. So, what can healthcare companies and healthcare insurers do to better prepare to d efend themselves in their litigation? Our multi-part series on the healthcare industry covers a variety of tools and services that health...
CSI - Courtroom Sciences Inc
— September 2020 — 1111 views Anti-reptile Confirmatory research Depositions Exploratory research Focus groups Health care / med mal Jury consulting Litigation psychology Mock trials Reptile Research Scientific method Trial consulting Witness training


Assessing your litigation risk
At the start of any litigation, there are more questions than answers. Everyone involved wants to know "what's our liability?", "what's this going to cost us?", "how will this impact our reputation?", "what are the potential damages?", "how long will this go on?", "who might need to testify?", and...
CSI - Courtroom Sciences Inc
— September 2020 — 1046 views Enterprise risk management Exploratory research Focus groups Litigation psychology Research Scientific method


The Nuclear Verdict blog series
In the first 3 parts of our nuclear verdicts series, we covered an overview of the definition of a nuclear verdict, some historical context, and the five causative factors of nuclear verdicts. In part 4 , we outlined specific examples of how a scientific approach to litigation research has result...
George R. Speckart, Ph.D. & Bill Kanasky, Jr., Ph.D.
— August 2020 — 1129 views Anti-reptile Confirmatory research Exploratory research Focus groups Jurors Jury consulting Litigation psychology Mock trials Nuclear verdicts Reptile Research Scientific method Trial consulting Witness training


The Nuclear Verdict blog series
In the first 3 parts of our nuclear verdicts series, we covered an overview of the definition of a nuclear verdict, some historical context, and the five causative factors of nuclear verdicts. In part 4, we outline – with specific examples - how a scientific approach to litigation research has res...
George R. Speckart, Ph.D. & Bill Kanasky, Jr., Ph.D.
— August 2020 — 1192 views Confirmatory research Exploratory research Focus groups Jury consulting Litigation psychology Mock trials Nuclear verdicts Research Scientific method Trial consulting Witness training


The Litigation Psychology Podcast - Episode 31
This video episode of The Litigation Psychology Podcast features Dr. Bill Kanasky and Dr. George Speckart discussing the hot topic of nuclear verdicts and nuclear settlements. Dr. Kanasky and Dr. Speckart wrote an extensive article on the nuclear verdict phenomenon and talk about their insights a...
CSI - Courtroom Sciences Inc
— August 2020 — 1332 views Anti-reptile Jurors Jury consulting Litigation psychology Nuclear verdicts Reptile Research Scientific method Witness training


The Nuclear Verdict blog series
In part 1 of our nuclear verdicts series, we covered an overview of the definition of a nuclear verdict, some historical context, and the first of the five causative factors of nuclear verdicts. In part 2, we continue with the next two causative factors: egregious conduct and punitive (stealth) j...
George R. Speckart, Ph.D. & Bill Kanasky, Jr., Ph.D.
— July 2020 — 1210 views Jurors Jury consulting Litigation psychology Nuclear verdicts Reptile Research Scientific method Trial consulting Witness training