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(formerly the Persuasive Litigator blog)

Bias

In Employment Cases (and All Cases), Keeping it Simple is Smart

Adapting to Arbitrators, Adapting to Judges, Adapting to Jurors, Bias, Comprehension, Employment Litigation, Strategy / /

by: Dr. Ken Broda Bahm So the company finally terminates the troublesome employee.  “Problem solved,” right?  In a litigious climate, the answer could be, “Wrong, the problem’s been replaced by a different problem” because what follows could be months or years of discovery, deposition, and developing strategy before you find yourself explaining that decision to […]

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Remember That Your Juror is a Consumer First

Adapting to Jurors, Bias, Construction Litigation / /

by: Dr. Ken Broda Bahm Faced with conflicting testimony in a fictionalized construction case, a recent Denver mock jury had to decide whether it was more likely that an owner created unworkable conditions, or that a contractor had dropped the ball.  Their answer — that the contractor had indeed dropped the ball — was buttressed

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