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Reach jurors across the generations
R. Rex Parris and James Wren
Boomers, Generation X, Generation Y . . . These aren’t
just media-driven labels; people in different generational cohorts
express real differences in attitude toward many things. So
how do you appeal to a mixed-age group of jurors? By using—of
all things—the same research used to sell pickles to the
American public.
Reframing the model
David Wenner and Gregory S. Cusimano
The Jury Bias Model is a powerful tool for uncovering jurors’
unspoken hostility toward plaintiffs. But you may not be getting
the most from it. Use it in case preparation as well as during
trial, and you can turn its traditionally negative focus on
tort “reform” messages into a positive approach
to strengthening your case.
Tools to keep jurors engaged
Susan J. Macpherson and Elissa Krauss
Juries in many jurisdictions are expected to learn large amounts
of complex material in a short amount of time—and to do
so without taking notes or asking questions. But in some courts,
that’s changing, and jurors are now being given tools
to help them absorb and appraise what they hear in a trial.
Making preponderance work
David Ball
Preponderance is one of the key concepts jurors have to grasp.
So how do you explain it without annoying or confusing them?
The answer: early and often. Use plain language and bring it
up during each phase of the trial. Preponderance will work for
you—if you work it the right way.
The jury, alive and well
Interview with Neil Vidmar and Valerie Hans
Law professors Neil Vidmar and Valerie Hans have spent decades
studying jurors—how they think, how they work, and what
they do. Their new book sums it up: American juries are committed
and engaged and can understand complex cases if they’re
presented clearly.
Toward a better voir dire process
Gregory E. Mize and Paula Hannaford-Agor
In 2005, the ABA’s Principles for Juries and Jury
Trials proposed a sound system for jury selection. Last
year, the National Center for State Courts released a major
study looking at what actually happens with juries in courtrooms.
How does reality measure up to the ABA’s ideals? The authors
challenge judges and lawyers to set aside competing agendas
and work together to build a better voir dire.
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The uncertain future of Medicare
set-asides
William L. Winslow
For years, the government did little to enforce the Medicare
Secondary Payer Act. But with Medicare looking for ways to stop
its money losses, the government has ratcheted up pressure on
workers’ comp attorneys—often resulting in overcompliance.
Personal injury cases are next, but plaintiff lawyers needn’t
fear. There’s helpful case law on the books, and carefully
drafted settlement agreements can protect your client’s
interests.
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News & Trends
Lawsuits challenge use of "chemical
restraints" in nursing homes
Stand-alone punitive award in Title VII
case cleared by Fifth Circuit
Oklahoma high court approves videotaping
of defense medical exams
Massachusetts doctors liable to third
parties for failure to warn patients
Free drug samples fail as a safety net
for poor patients, study says
Arizona high court upholds several-only
liability in products cases
Departments
President’s page
Growing forward
Supreme Court review
Closing the courthouse doors to civil
rights plaintiffs
Hearsay
Justice in motion
AAJ debunks drug-maker study and shares
real doctor numbers
Upcoming elections may change state courts'
ideological balance
Ohio Supreme Court defers to legislature,
upholds caps
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