Your jurors have changed. Your trial strategy should, too.
The COVID-19 pandemic and government-mandated shutdowns have triggered a wave of business interruption lawsuits. While the business owners clearly have experienced “business interruptions,” whether there is coverage is an open question. There is value in exploring potential jurors’ attitudes toward insurance and insurance companies early in the litigation, and in discovering how they interpret specific language regarding business interruption coverage in the context of the COVID-19 pandemic.
Checklisters are jurors swayed by arguments that focus on technical and legal specifications rather than emotional factors. Do you want checklisters on your jury? Based on our research and the specific themes of your case, you may.
Do mock jurors believe that the COVID-19 pandemic could reasonably have been foreseen and prepared for? Our research shows how jurors are divided on this issue.
Timelines will carry massive weight in COVID litigation, and the process of identifying the vital points for inclusion on your case timeline has become more complex – and more crucial.
Our research discovered that, even in the context of COVID-19, many potential jurors still generally insisted that individuals had continuing obligations of personal responsibility. Find out how this can affect the jury on your case.
As the COVID-19 pandemic disrupted communities and the courts, IMS | The Focal Point has been conducting extensive research into the impacts on the litigation community. Our intent with this research is to develop meaningful insights for our clients and to advance general understanding of how the pandemic will influence jurors’ attitudes.
Between July 6–27, 2020, IMS | The Focal Point conducted two surveys examining how likely it would be for respondents to report for jury service during the COVID-19 pandemic.
Over the course of three weeks (July 6–27), IMS | The Focal Point conducted a community attitude survey examining juror attitudes toward serving in the midst of the COVID-19 pandemic. Specifically, we asked whether potential jurors would appear for jury service if summoned for August 3rd.
To help our clients navigate the complexities associated with cases and trials amid COVID-19, we will be publishing the results of our extensive jury and community attitude research to help our clients gain meaningful insights for their cases and practice.