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Jury Research and Trial Outcome Prediction Sitting at a conference table, having presented our findings and recommendations, we are inevitably confronted with the bottom-line question that burns in the mind of all litigators as trial approaches: ‘Can you tell me whether or not I am going to win this case?’ It is well known that sound jury research can provide invaluable assistance to the trial team ... read more

Louis Genevie, Ph.D. and Daniel Cooper, Esq.

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Tackling Hindsight Bias in Failure-to-Warn Cases In his 2003 New Yorker article “Connecting the Dots,” Malcolm Gladwell resurrected the term “creeping determinism” to describe hindsight bias. Creeping determinism, he wrote, is “the sense that grows on us, in retrospect, that what has happened was actually inevitable.” Malcolm Gladwell, New Yorker, ... read more

Loren H. Brown, Daniel Cooper, Esq. and Christopher G. Campbell

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'Ordinary Skill in the Art' at Patent Jury Trials Jurors are often instructed to become time travelers and reconstruct what may have happened "back when."1 The courts have instructed that for jurors facing issues of obviousness in a patent trial, the decision regarding whether or not an alleged invention was new and non-obvious at the time of the invention should be predicated on the choices that a person of ordinary skill in the art (POSA) would have made in the past.2 ... read more

Colleen Tracy James, Esq. and Daniel Cooper, Esq.

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Trying Patent Cases in US Federal Courts: Telling the Story Behind the Technology In patent infringement cases, the judge or jury is often asked to assess not only whether a disputed invention has been infringed, but also whether it is truly novel. While there are laws in place that govern these issues, the heart of the decision is left to the personal judgment of the judge or jury. This judgment usually revolves ... read more

Louis Genevie, Ph.D. and Daniel Cooper, Esq.

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The Doctrine of Equivalents and the Challenge of Giving Meaning to "Substantial" in Patent Jury Trials Clearly drawn legal instructions serve as an under-standable target upon which jurors can focus their assessment of evidence during deliberations. Qualifiers such as ‘‘all,’’ ‘‘every,’’ ‘‘absolute’’ and ‘‘iden-tical’’ give jurors bright lines to help organize delibera-tions. However, the law often provides less precision and hence less guidance for jurors on a variety of fundamental legal standards. ... read more

Lisa Ferri, Daniel Cooper, and Lana Khoury

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Teaching Science to Jurors: Ten Challenges to Effective Communication of Technical Issues by You and Your Witnesses According to a survey by the Organization for Economic Cooperation and Development, of the 33 countries surveyed, high school students in the United States ranked 22nd on the science literacy scale. It’s not surprising then that recent studies have found that only 53% of adults know how long it takes the Earth to go around the sun ... read more

Daniel Cooper, Esq.

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The Key to the Desired Verdict Ever since the verdict of "not guilty" was returned on all but one of the defendants in the Rodney King case, people all over the country have been incredulous , asking how the jurors ... read more

Louis Genevie, Ph.D

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Why Analogies Often Fail Analogies are one of the most prolific communication tools in the English language. You can find them in every field of human endeavor, from mathematics to religion, from politics to law. Most lawyers believe that analogies are useful conceptual bridges, helping to communicate complex ideas to judges and juries in a more easily understood framework. But does this technique really work in the courtroom where persuasion is the ultimate goal? ... read more

Louis Genevie, Ph.D. and Daniel Cooper, Esq.

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Jurors' Hidden Biases Toward Witnesses The trial is just a few days away. You have worked hard for many months, learning the facts, applying the law, preparing your presentation. You think you have a good case, the facts are on our side, and ... read more

Louis Genevie, Ph.D.

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Predicting How the Simpson Case Will be Won: Evidence, Opportunity and Motive Despite the unprecedented publicity surrounding the O.J. Simpson trial—Judge Ito reported the other day that the news had reached Tibet—the case will ultimately be decided by the answers to three fundamental questions. First, can the prosecutor prove beyond a reasonable doubt that Simpson had opportunity and motive to commit the crime? Second, can Simpson be tied to the scene of the crime with substantial physical ... read more

Louis Genevie, Ph.D.

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Hidden Biases among Jurors in Accounting Malpractice Cases Lawyers preparing accounting malpractice cases should try to gain a good understanding of the attitudes and predispositions of jurors. This knowledge can help them present their case better by enabling them to concentrate on issues ... read more

Louis Genevie, Ph.D.

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The Hidden Costs Associated with Settlement For the insurer or corporate defendant, the decision to settle litigation is often made by a simple , seemingly rational formula. How much will the plaintiff accept, compared to the cost of defense? If a settlement can be achieved within the budget and the risk of a major adverse award avoided, then the decision to settle is considered a prudent business decision ... read more

Louis Genevie, Ph.D.

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Jury Consulting Assists Defense Counsel in Assisted Suicide Trial Litigation Strategies, ltd. was privileged to be involved in jury selection and strategy development in the assisted suicide case against Dr. Jack Kevorkian in Recorder's Court in Detroit, Michigan. We helped defense attorney Geoffrey Fieger to understand the Psychology behind the jury's decision ... read more

Louis Genevie, Ph.D. and Sharon Sebolt

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Juror-Friendly Animation for the Courtroom The use of animation in the courtroom has grown tremendously during the last few years, and for good reason. Animation empower an expert witness with a dynamic visual display, creating memorable impression that jurors. ... read more

Louis Genevie, Ph.D.

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User Friendly Graphics: How to Get the Most Out of Your Evidence in the CourtroomUser Friendly Graphics: How to Get the Most Out of Your Evidence in the Courtroom... read more

Louis Genevie, Ph.D.

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The State-Of-the-Art Defense State-of-the-art is an important defense in many products liability and toxic tort cases. The logic is simple enough: since little or no knowledge of the hazard in question existed at the time, the manufacturer or other defendant responsible for the alleged hazard should not be held liable. ... read more

Louis Genevie, Ph.D.

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Building Challenges for Cause Partiality on important issues related to both civil and criminal cases exists in every jury pool and within most every juror. Most adults have formed some opinion or perspective ... read more

Louis Genevie, Ph.D., Daniel Cooper, Esq., and Rachel Schremp, M.S.

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The Myth of Juror Impartiality: Practical Strategies for Minimizing Juror Bias In 1871, Mark Twain watched a jury trial in Virginia. ... read more

Daniel Cooper, Esq., Loren H. Brown, Christopher G. Campbell and Edwin R. Cortes

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