First Court Litigation Insights

How to define “Bad Faith” for Jurors

Jun 3, 2019 3:30:08 PM / by Mike Liffrig posted in Advocacy, Jury Research, Testimony, Emotion, Law, Experts, bad faith

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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.

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How Jurors Value Less-Visible Injuries

Jan 24, 2019 1:41:40 PM / by Joe Liffrig posted in Jury Research, Focus Group, Witness, Testimony, Emotion, innovation, jury trial, jury selection

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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.

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How to choose compelling experts

Nov 29, 2018 12:20:36 PM / by Joe Liffrig posted in Jurors, Jury Research, Witness, Testimony, Experts

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You pay a premium for expert testimony. Why? To persuade jurors. But do you have any way to know if you are investing in the right expert(s)? There is no single rule to pick the best experts for each case, but we have had the chance to measure the effectiveness of thousands of experts over the years, and have identified a handful of key traits we see in expert witnesses that achieve their desired effect – persuading jurors.

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How Good People Go Ugly When Testifying

Sep 17, 2018 12:04:27 PM / by Joe Liffrig posted in Advocacy, Prep4Dep, Witness, Deposition, Testimony

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I imagine you have been in this situation: Your key witness is a good man. You know he is honest. In all your discussions he is down-to-earth. Likeable. Not a whiff of arrogance.

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