The Future of Litigation: Adapting to the Era of Nuclear Verdicts
How Do Litigators Build the Perfect Jury in a Polarized World? – Speaking of Litigation Video Podcast
Podcast - Think Outside the Script
Targeting Safetyism in Defense Voir Dire | Episode 71
Openings of Openings
Why Demonstrative Aids Are Critical in Every Case
How Safetyism Is Driving High Plaintiff Verdicts - IMS Insights Podcast Episode 68
How Voir Dire Fits with Appellate Practice | Robert Swafford | Texas Appellate Law Podcast
In a previous article, we discussed “how to place a value on a life” from Robert Tyson’s Nuclear Verdicts: Defending Justice for All. One of the suggestions, “get to know the decedent,” also applies to trial theme...more
The pleadings are closed. Mountains of documents have been produced. Depositions have been taken, hour upon hour. Summary judgment briefing has been meticulously developed, artfully drafted and submitted—but ultimately...more
The American historian Arthur Schlesinger, Jr., once commented that successful political action requires education, coalition-building, and collective action. He further observed that of the three, education is the most...more
In a recent jury selection — and, pretty much, in every jury selection — I have watched as several on the panel would share various connections, attitudes, or experiences that could quite reasonably point to that person...more
Americans have long viewed large organizations, both governmental and corporate, with considerable skepticism. In civil litigation, jurors will often perceive corporate defendants through an interpretive lens colored by...more
They say lawyers never get picked for juries. I believed that—right up until I served 10 days as a juror in a civil trial involving aggravated sexual assault allegations and defamation counterclaims....more
If you're heading to trial in California for your personal injury case, it's probably pretty scary - especially when you thought this whole thing would've been settled by now. Most of these cases get worked out without ever...more
One of the most famous fictional lawyers in recent history is Elle Woods, the fictional main character in the novel Legally Blonde, who sought admission to Harvard Law School in part because of her comfort using legal jargon...more
A trial court imposed a $10,000 sanction on attorneys for conducting juror research on a social media platform in a $174 million lawsuit. Elliot Weld, Alston & Bird Sanctioned $10K For LinkedIn Juror Research – Law360 (Oct....more
As counsel scans the panel of potential jurors, one might stand out based on the gut level thought: a “that guy just makes me nervous” kind of reaction. Basing your strike decisions on a “bad feeling” that lies outside of...more
How effectively does counsel and the court question potential jurors as part of the selection process? New research in the journal Language in Society (Clayman & Fox, 2025) provides some additional perspective on that...more
Civil cases generally involve a mix of individuals and corporations. While the government can be a party, more often state or federal officials are playing an off-stage role in setting a regulatory standard that was either...more
In 2024, Maryland adopted Md. Rule 16-310 to explore the use of expanded voir dire, including the possibility of attorney-conducted voir dire. The drafters envisioned a two-year study period, and the Rule was to sunset on...more
In the high-stakes world of litigation, some attorneys focus on winning the case in front of them. Others think bigger—shaping strategy, influencing public policy, and leading far beyond the courtroom....more
There is a well-known principle in communication circles, first expressed by cognitive scientist George Lakoff: “When we negate a frame, we evoke the frame.” It means that even when we try to deny a specific attack against...more
Cause challenges play an important role in jury selection. When a potential juror has an acknowledged barrier to basing their decision on a neutral understanding of the evidence and the law, they should not serve. However,...more
Will the individuals who serve on your jury be the same people they were before they were called for service and selected? Will they have the same mental habits and preferences they exhibit in their civilian lives outside the...more
In the high-profile legal drama surrounding Sean "Diddy" Combs, the public’s attention has been focused on headlines, allegations, high-profile legal teams and courtroom appearances. But behind the scenes, a critical aspect...more
America’s civil litigation system can sometimes look a little like class warfare. On one side — often, but not always the defense — there will be an organization and a group of individuals who enjoy substantially more wealth...more
In this episode of TortsCenter, hosts Carla Varriale-Barker and Courtney Dunn sit down with Segal McCambridge Shareholder Paul Motz to discuss the escalating trend of nuclear and thermonuclear verdicts—and how defense...more
Key Points: Effective April 1, 2025, the Supreme Court of Pennsylvania has amended Pa.R.C.P. 220.3, pertaining to voir dire of jurors....more
Early on in the jury selection process, the judge will often ask the panel, “We all know that jury duty can be inconvenient, but who believes they would experience an unreasonable hardship by serving in this case?” Hands will...more
What makes a jury work—and what earns their trust? Dive into the nuanced world of jury selection with Epstein Becker Green attorneys Eric Neiman, Teddy McCormick, and Jonathan Brollier. This episode unpacks the art of voir...more
How many of you reading this have had this experience: you get a settlement demand with hundreds of thousands of dollars in claimed hospital bills, but the actual amount owed by the claimant is redacted, or you are told by...more
In Charles Dickens’ classic “A Christmas Carol,” the final act is brought by the spectral Ghost of Christmas Future who shows the miserly Ebenezer Scrooge the vision of those he mistreated in life celebrating his death after...more