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Articles by Nick Polavin
Conspiracy-Minded Jurors: A Defense Playbook | JD Supra
In the aftermath of Hurricane Helene's damage to western North Carolina, a new conspiracy theory gained traction.
Defense Strategies For Addressing Conspiracy-Minded Jurors
By Nick Polavin, Jennifer Cuculich and David Metz ( January 10, 2025, 2:51 PM EST) -- In the aftermath of Hurricane Helene's damage to western North Carolina, a new conspiracy theory gained traction.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
Defense Strategies For Addressing Conspiracy-Minded Jurors
Defense Strategies For Addressing Conspiracy-Minded Jurors By Nick Polavin, Jennifer Cuculich and David Metz · January 10, 2025, 2:51 PM EST In the aftermath of Hurricane Helene's damage to western North Carolina, a new conspiracy theory gained traction.... To view the full article, register now.
Mastering Voir Dire: How Defense Counsel Can Turn a Cold Room Around
Mastering Voir Dire: How Defense Counsel Can Turn a Cold Room Around According to an article by Nick Polavin of IMS Legal Strategies, silent juries during voir dire are becoming increasingly common, as plaintiff attorneys use brief, uninspired questioning to establish a low-participation norm (voir dire is a legal term referring to the process of questioning potential jurors and witnesses to determine their suitability for a trial).
Working the Crowd: Why Defense Attorneys Must Get Jurors Talking in Voir Dire | JD Supra
Picture this: defense counsel sits at the ready, voir dire gameplan in hand—a list of 40+ questions and their follow-ups—to identify the worst jurors and maximize cause challenges. It is a very plaintiff-friendly venue; they expect prospective jurors to raise their hands, talk about their opinions and experiences, and pave the way for cause challenges. But first, it is the plaintiff’s turn. A Tough Room The plaintiff attorney proceeds to ask a few awkward, imprecise questions.
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.
Industrial Disasters Are Derailing The EPA—and Defendants With It | JD Supra
The February 2023 train derailment in East Palestine, Ohio, captured the attention of the nation. The public beheld evacuation orders, reports of air, water, and soil contamination, and a billowing black cloud of burning toxic chemicals. Unlike with most spills of the past, locals—through cell phones and social media accounts—supplied their own footage and commentary, often in opposition to what they deemed traditional media talking points.
GoSueMe: The Broken Promises Of Third-Party Litigation Funding | JD Supra
April 5, 2024 To embed, copy and paste the code into your website or blog: Forget cryptocurrency—there is another kind of investment making the news in recent years and creating major headaches for corporate defendants: litigation funding. Third-party litigation funding (TPLF) sees investment firms providing money, generally to plaintiffs, to cover their litigation costs. In return, investors get a portion of damages in the event of a plaintiff verdict. How big has it become exactly?
Who Needs Evidence? The Rise of Conspiracy-Minded Jurors | JD Supra
June 20, 2023 To embed, copy and paste the code into your website or blog: Consider this recent example of two jurors, one a trial juror and one a mock juror. In both cases, the defendants’ arguments relied largely on the Environmental Protection Agency (EPA). The trial juror: A very liberal, millennial female with blue hair and multiple facial piercings. She had made multiple donations to various health and human rights organizations and indicated a preexisting negative opinion of the defendant.
Social Media Dos & Don’ts for Expert Witnesses | JD Supra
Being an expert witness is a demanding task, but an expert’s testimony is crucial and can either make or break a client’s case. Credibility is paramount for any expert witness; it is the foundation an expert stands on to effectively persuade judges and jurors. As an expert witness, it is vital to avoid situations that could be used to attack or harm your credibility on the stand, such as arrests, felonies, disbarments, and even social media posts.
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.
How Reframing an Argument to a Jury Can Create Backlash
Wednesday, August 31, 2022 Say you represent a company that makes a product people widely have negative opinions about. Luckily, you can come up with a different description of the product that makes it sound more positive: For example, your client is in the vaping industry, and you want jurors to think of vape pens in a positive light.
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