Your Trial Message

Your Trial Message

(formerly the Persuasive Litigator blog)

Construction Litigation

Make Your Jurors “Structure Builders”

By Dr. Ken Broda Bahm: My 8-year-0ld daughter is currently obsessed with a game called “Minecraft.” She is using increasing portions of her precious screen time to sign into her “worlds” in order to build and develop elaborate houses and other buildings. As I understand it, the point isn’t to rack up a high score or […]

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Note the (Small) Difference a Female Jury Can Make

By Dr. Ken Broda Bahm: Over the weekend, the jury in the George Zimmerman case acquitted the neighborhood watchman in the fatal shooting of Trayvon Martin, evidently concluding that the prosecution failed to disprove the Defendant’s self-defense claim under Florida law. While there were numerous issues driving interest in this trial — racial profiling, concealed

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Add Another Pair of Eyes to Your Case Assessment

By Dr. Ken Broda Bahm: Leave it to the engineers.  While we all have our subjective methods of estimating our odds in litigation, in the field of construction litigation, the act of handicapping has apparently been raised to a level of mathematical precision.  Computer modelers have found a way to input known factors and predict

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When It Comes to Your Greatest Case Weakness, Steer Into the Skid

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

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Remember That Your Juror is a Consumer First

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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