News & Analysis as of

Juror Defense Strategies Coronavirus/COVID-19

Holland & Hart - Your Trial Message

Reconsider the Summary Jury Trial

A number of years ago, innovators searching for ways to take some of the pain, delay, and difficulty out of the jury trial hit upon the idea to boil it down, rein in the discovery, simplify the rules of evidence, and try it...more

Holland & Hart - Your Trial Message

Understanding the COVID-Gamblers in Your Jury Pool

Every jury selection involves a variety of issues relating to how potential jurors could feel about the specific case. But there is one issue that is relevant in every current jury selection for an in-person trial: What is...more

Holland & Hart - Your Trial Message

The Civil Jury Trial: Treat the Crisis as an Opportunity

The American civil jury trial was on life support before the pandemic. For a generation at least, the trend has been toward a reduced scope for a jury’s decision, an expansion in the power of judges to resolve things in...more

Holland & Hart - Your Trial Message

Courts: Requiring Vaccines Will Influence the Jury Pool. Require Them Anyway

With mounting frustration over the duration and human cost of the Coronavirus pandemic, along with the sluggish pace of vaccinations in many parts of the country, President Joe Biden, this past week, threw down the gauntlet...more

Holland & Hart - Your Trial Message

The More Things Change….Expect Many Similarities and a Few Differences in a Post-Pandemic Litigation World

We’ve now had quite some time to settle into the coronavirus and its social restrictions. If you are like me, you might have even developed a twitch every time you hear the phrase “New normal.” We know that we are living in...more

Holland & Hart - Your Trial Message

Is It Their Own Fault? Account for ‘General Belief in a Just World’ to Understand Jurors’ View of Blame

So Donald Trump now has the coronavirus. As of press time for this blog post, he is fighting the illness from the Presidential Suite at Walter Reed Medical Center. It is news that struck many as both surprising and...more

Holland & Hart - Your Trial Message

Treat the Pandemic as a Bias Laboratory

This blog is dedicated to the proposition that those like me, who want to learn all they can about effective communication and persuasion, can take lessons from almost everything. Even the worst social situations can improve...more

Holland & Hart - Your Trial Message

Online Versus In-Person Deliberations: Consider Differences in Equal Participation

As the coronavirus pandemic drags on and intensifies, courts around the country are moving toward reopening in fits and starts, with distancing, temperature checks, masks, and hand sanitizer. Some courts are also exploring...more

Holland & Hart - Your Trial Message

Consider COVID Attitude Changes, Part 10: Greater Solidarity

As the number of our posts on attitude changes in the midst of the coronavirus pandemic reaches double digits, astute readers will note that there are some apparent inconsistencies emerging in the reports. For example, the...more

Proskauer - California Employment Law

Safety Concerns Regarding COVID-19 Infection Could Lead to More Plaintiff-Friendly Juries

Employers may face juries that seek to hold them responsible if an employee contracts COVID-19, the trial consulting firm Dispute Dynamics suggests in its latest study. Dispute Dynamics surveyed 321 individuals, inquiring...more

Holland & Hart - Your Trial Message

Consider COVID Attitude Changes, Part 7: When it Comes to Distrust of Big Pharma, the Disease Might Be the Cure

Less than a year ago, in late 2019, the pharmaceutical industry came in dead last in a favorability contest with twenty-five other industries. According to that Gallup Poll, only a little more than a quarter of the population...more

Proskauer - California Employment Law

Los Angeles Employers May Face Even More Juror Hostility After Pandemic

As if there weren’t enough to worry about, Los Angeles employers may face an even tougher challenge to prevail at trial in the aftermath of the Coronavirus pandemic, the trial consulting firm Dispute Dynamics suggests in its...more

Holland & Hart - Your Trial Message

Prepare for the COVID Reptile

Might a fear-based strategy have greater purchase in the present pandemic climate? People are certainly feeling scared and vulnerable these days. Even as states begin to relax the coronavirus stay-at-home restrictions, the...more

Holland & Hart - Your Trial Message

Consider COVID Attitude Changes, Part 6: More Disconnect with Large Corporations

As our lives have shifted, so have our attitudes, and the current social context may be widening the distance between ordinary Americans and large corporations. It was never a close connection to begin with, of course, since...more

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