Jury attitudes in tough times

Posted on March 31, 2009 03:35 by Kevin M. Reynolds

Are juries MORE or LESS conservative in tough economictimes? In trying three products cases to verdict in 2008, my experience is thatjurors don't get too excited about an "iffy" liability case in tougheconomic times. They are more worried about their jobs and mortgages. But I cansee it cutting both ways. Incessant news reports of bailout packages worth"billions of dollars" might desensitize them into forgetting the valueof a dollar. I'd be interested in trial counsel's thoughts and experiences. 

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4/9/2009 11:04:05 AM #

I have not had an adverse verdict in four medical malpractice trials since the economic downturn hit in earnest in 2008. That said, I have started asking more questions about economic issues during jury selection to try to feret out the person who may have strong negative feelings about the wealthy. Also, it is harder to cross Economists in some ways because of negative juror feelings about investing money. Frankly, I am a bit surprised the Plaintiffs' Bar has not developed a strategy to better exploit the current economic conditions. Maybe they have and I just have not seen it yet.

David Calderhead United States

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