By: Dr. Ken Broda Bahm – So your case is in, your jury is ready to start deliberating, and you feel pretty confident that at least the majority of your jurors favor your side of the case. Should you feel safe? Of course not, because the verdict isn’t in the hands of the majority as much as it is in […]
Pay Close Attention to the Big Mouths in Voir Dire Read More »
By: Dr. Ken Broda Bahm – When the case comes down to ‘expert versus expert,’ one important question is, what makes jurors believe one expert witness over another? Applying the rational model of law, we would like to think that jurors would evaluate the credentials, the methodology, and the strength of the conclusions offered, and
By: Dr. Ken Broda Bahm – With our current nationwide surplus of wintry weather, it has become a familiar feeling: The car you are driving loses traction and starts to slide. Your every impulse is to wrench the steering wheel hard in the opposite direction. Then the voice of your long-ago high school drivers’ ed
When It Comes to Your Greatest Case Weakness, Steer Into the Skid Read More »
By: Dr. Ken Broda Bahm – In his recent State of the Union address, President Obama followed the common pattern of giving attention and applause lines to nearly every issue on the national agenda. But there was one issue that received no mention at all: climate change. The absence, noted by many commentators, extended even to
Adapt Your Scientific Testimony to Jurors’ Skeptical Ears Read More »
By: Dr. Ken Broda Bahm – One stereotype of the litigious American society suggests that jurors are willing to hold manufacturers and sellers responsible for even the most obvious product dangers: a ladder that allows its user to fall, or a cup of coffee that turns out to be hot. While anecdotes abound — some true, and
Address the Most Dangerous Feature of Your Product: Dishonesty Read More »
By: Dr. Ken Broda Bahm – Watching the Wizard of Oz recently with my three (and a half!)-year-old daughter, we came to the familiar scene of the fearless Toto interrupting the Wizard’s speech by pulling back the curtain on a man furiously working levers and wheels. When Dorothy and company ignore the instruction to “pay
In Jury Selection, Pay All Kinds of Attention to the Man Behind the Curtain Read More »
By: Dr. Ken Broda Bahm – On some days, just watching the news can stop us cold. Those who work in law should be proud to be part of a system that, however imperfectly, resolves disputes with appeals to reason and judgment rather than force. But the opposite end of the spectrum was seen in last week’s devastating shooting
Don’t Advocate from a Position of Hate Read More »
By: Dr. Ken Broda Bahm – When dealing with the number of plaintiffs in a class action, mass tort, or other large scale litigation, is “Super-Size Me” the plaintiff’s best choice? At a legal level, the U.S. Supreme Court will get a chance to weigh in, after the decision last week to determine whether as
By: Dr. Ken Broda Bahm – As closing arguments finished in a recent employment jury trial that I sat through, the defense team and I felt, predictably, that we had the overwhelming weight of evidence on our side of the case. But still, we worried as the jury filed in to deliberate. We had faced a Plaintiff’s case
Understand Juror Bias, But Bet On The Evidence Read More »
By: Dr. Ken Broda Bahm – In litigation it is often true that, “the devil is in the data,” in the sense that numbers and how they’re presented can be extremely important. In employment cases, jurors often need to grasp the overall percentages that prove or disprove a discrimination claim. In mass tort pharmaceutical cases, expert
Choose a “Moving” Way to Convey Evidentiary Data Read More »