I have the pleasure of talking every day with litigators around the country, and working together to overcome their greatest case handling challenges. Recently, these conversations have revealed a slow, but monumental change in jury behavior in the last couple of years. Some questions I hear frequently that bring this sea change to light:
First Court recently completed jury research projects on a handful of bad faith cases, and developed some insight on how jurors understand and interpret the concept of bad faith. Since this can be a tricky topic for regular people to understand, we’ve shared a few insights on what we learned, and how to effectively communicate the important points to the laypeople in the jury box.
We recently completed a private jury trial in a major motor vehicle collision, and learned some fascinating lessons about how jurors value less visible injuries such as cognitive impairment.
Consider this fact pattern and outcome from a case we recently worked on: Plaintiff rear-ends trailer pulling a large load of logs. I repeat: Plaintiff rear-ends defendant. But the jurors assign most of the blame to the defendant… who was rear-ended.Juror's Feedback: