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Articles by Jill Leibold
Does Attorney Gender Affect Trial Outcomes? | JD Supra
In March 2025, UN Women—a United Nations agency that studies and tracks issues of gender equality around the world—indicated that in 2024, “almost one quarter of countries reported … backlash on gender equality.”i One proposed theory suggests that the pushback is a direct response to the progress itself, further fueled by factors such as social media and wealth inequality.ii While the UN Women report does emphasize the slow and steady trend toward progress over the past 30 years, it is that...
A New Focus for Defense Voir Dire: Safetyism | JD Supra
[co-authors: Zandra Foley**, Zachary Nye**] As we speak, plaintiff attorneys are leveraging the spread of safetyism—a widespread expectation of 100% safe, 100% of the time—to obtain nuclear verdicts. This is not just another “reptile” strategy that preys on their fear in the moment. Rather, it is a strategy that targets jurors’ learned emotional thinking patterns more broadly. It is not just about fear; it is also about sympathy and, worse, anger.
How Safetyism Is Driving High Plaintiff Verdicts – Episode 68
Skip to main content December 20, 2023 Volume XIII, Number 354 Legal Analysis. Expertly Written. Quickly Found.
Overcoming Safetyism & the Plaintiff Media Machine – Episode 66 [Video, Podcast]
Our podcast guests, Jill Leibold, PhD, IMS Senior Jury Consulting Advisor and Dave Poston, Esq., CEO, General Counsel, and Co-Managing Partner at Poston Communications explain how safetyism, social inflation, and the plaintiff media machine are impacting juror perspectives and driving damage awards. They also offer strategies for corporate defendants to navigate and overcome these trends in our continued series on safetyism. Hello, and welcome to the IMS Insights Podcast.
Does Trial Length Increase Jury Damages? | JD Supra
During a particularly lengthy hardship and jury selection process in the New York City Asbestos Litigation (NYCAL) court, a client brought in some interesting research his firm had conducted over the past four years in that venue. For asbestos cases that saw a plaintiff verdict, they documented the length of the trials and the jury damages awards, as they had the suspicion that the longer the trial, the higher the award.
The Rise of Safety-ism Is Influencing Verdicts | JD Supra
“I don’t care about the data; if it happens once, it has happened one too many times.” “If it’s going to be on the market, it needs to be 100% safe.” “If it has the ability to hurt someone, it’s defective.” As these quotes from mock jurors reveal, jurors can hold unrealistically high expectations about product safety or corporate safety standards. Cars certainly come with risk, yet a vast number of Americans use them.
The Rise Of 'Safetyism' Has Entered The Courtroom
By Jill Leibold and Nick Polavin (May 3, 2023, 4:59 PM EDT) -- "I don't care about the data; if it happens once, it has happened one too many times."... Stay ahead of the curve In the legal profession, information is the key to success. You have to know what's happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Using Jury Research to Benefit Your Case Story & Strategy | JD Supra
As most litigators know, jurors’ attitudes and opinions often influence how they filter the facts of a case. It is through these lenses that jurors develop their perceptions of the parties and their corresponding motives, which ultimately shape the verdict outcome. The party who can synthesize the case into a compelling story that jurors can comprehend—and feel satisfied adopting—will have an advantage at trial.
What to Ask Before Voir Dire | JD Supra
We have all shared this experience. Jury selection is at 9:00 a.m. on Monday. It is now Sunday night and the national trial team—led by an attorney from out of town—is convening to discuss voir dire and jury selection. A jury consultant is present, meeting local counsel for the first time. Time is precious, and the implicit assumption is that the local attorney will be able to answer all questions about the mechanics of the process, so the trial team can concentrate on crucial strategic decisions.
Questions To Ask Before Voir Dire And Jury Selection
Sunday, February 19, 2023 We have all shared this experience. Jury selection is at 9:00 a.m. on Monday. It is now Sunday night and the national trial team—led by an attorney from out of town—is convening to discuss voir dire and jury selection. A jury consultant is present, meeting local counsel for the first time.
My Case Isn’t Going to Trial, So Why Do I Need a Trial Consultant?
We at IMS sometimes worry that the common monikers for our profession, such as “trial consultants” and “jury consultants,” create the impression that a case needs to end up in trial for us to be of assistance. Add in the fact that civil jury trials have been in steady decline [1] while alternative dispute resolution is on the rise, and you may be primed to overlook a number of ways that research services can still give you a leg up in your next case—no trial required.
Tips for Virtual Trials: Presenting Your Remote Witness
Thursday, March 17, 2022 Given the widespread use of Zoom in our daily lives, it is likely your witness(es) will have some level of familiarity with the platform. But while increasingly common, video conferencing isn’t perfect, and you always run the risk of technical issues. When it comes to an online legal proceeding, special care should be taken to ensure your remote witness’ testimony is both clear and effective.
COVID-19 And Design Defect Jurors' Risk Evaluations: Part 3
By Jill Leibold, Andrew Jackson, Delmar Ehrich and Joseph Price Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters. Signing up for any of our section newsletters will opt you in to the daily Coronavirus briefing.
COVID-19 And Design Defect Jurors' Risk Evaluations: Part 2
By Jill Leibold, Andrew Jackson, Delmar Ehrich and Joseph Price Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters. Signing up for any of our section newsletters will opt you in to the daily Coronavirus briefing.
COVID-19 And Design Defect Jurors' Risk Evaluations: Part 1
By Jill Leibold, Andrew Jackson, Delmar Ehrich and Joseph Price Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters. Signing up for any of our section newsletters will opt you in to the daily Coronavirus briefing.
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