Trial by Juror: Overcoming Challenges with Jury Selection, Communicating with Multigenerational Jurors, and Practical Guidance on Diffusing Juror Bias

December 5, 2017 2:45pm

Celeste M. Brecht
Partner
Venable LLP (Los Angeles, CA)

Lisa M. Dunkin
Senior Litigation Counsel
Zimmer Biomet (Warsaw, IN)

Craig A. Thompson
Partner
Venable LLP (Baltimore, MD)

William V. Essig
Partner
Drinker Biddle & Reath LLP (Chicago, IL)

  • Addressing the considerable amount of mistrust expressed by the public toward pharmaceutical and medical device manufacturers
  • Additional challenges posed by millennials who are exhibiting unprecedented levels of skepticism
  • Extrapolating specific ways for the defense bar to start to regain the trust and dispel current notions prevalent among the potential jurors
  • Knowing how to best position a case before reaching the opening statement phase
    • Necessity of the defense trial team to research and know the community they are trying a case in is becoming exceedingly important given that the plaintiffs’ bar has been strategic with how, where, and when it chooses to focus its very targeted advertising, which results in a tainted jury pool.
    • Looking at the need to understand how juries think about advancements and developments in science and medicine (i.e., jury questionnaire, mini opening statements before voir dire, etc.)