Hindsight Bias of Juries in Personal Injury Actions

Courtroom Strategies to Minimize Negative Effects of Hindsight Bias

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Thursday, August 25, 2011
Recorded event now available


This CLE webinar will provide attorneys with an understanding of hindsight bias in personal injury juries. The panel will offer practical courtroom strategies to reduce the impact of hindsight bias on a jury's decisionmaking.

Description

Personal injury defendants should be judged by the reasonableness of their conduct, not by the outcome of the conduct. However, a psychological phenomenon called hindsight bias makes that standard difficult for jurors to attain.

Hindsight bias results from the human tendency to believe that a bad outcome in a specific case must have been more predictable than it actually was. There are a number of defense strategies that personal injury attorneys can utilize to help minimize the effects of hindsight bias.

Listen as our authoritative panel of personal injury attorneys explores the challenges presented by hindsight bias and offers trial strategies to reduce the impact of hindsight bias on a jury's decision making. The panel will explain practical tools for addressing this challenge in the context of defending cases where there is a very sympathetic plaintiff, a horrific injury, uncontested use of the product, and a defendant perceived to have deep pockets and large profits derived in part from the sale of the product at issue.

Outline

  1. Hindsight Bias overview
    1. Definition
    2. Psychology and Hindsight Bias
    3. Hindsight Bias compared to other forms of courtroom bias
  2. Hindsight Bias impacts jurors
    1. How legal standards create bias
    2. How courts deal with bias
    3. Recommendations for addressing bias in the litigation process
  3. Practical tips for minimizing juror bias in the courtroom
    1. Discovery tactics
    2. Jury selection tips
    3. Strategies during trial
    4. Jury instructions

Benefits

The panel will review these and other key questions:

  • What is hindsight bias?
  • How does hindsight bias affect decisionmaking by juries in personal injury cases?
  • What are the key courtroom strategies that defense counsel can use to reduce the impact of hindsight bias?

Faculty

Daniel Cooper, Esq., President
LitStrat, Inc., New York

He is president of a jury consulting firm where he has worked on hundreds of cases including intellectual property, antitrust, securities, employment, products liability, professional malpractice, fraud, and contract litigation.

Christopher G. Campbell, Partner
DLA Piper, New York

He is a partner in the firm's Global Litigation Practice where he focuses in the areas of mass tort, product liability and commercial litigation.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, FL, GA, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $127.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, FL, GA, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)

Webinar Download (Slide Presentation with Audio) $127.00
Available three business days after the live event

How does this work?

DVD (Slide Presentation with Audio) $127.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio with Slide PDFs) $127.00
Available 24 hours after the live event

How does this work?

CD (Audio with Slide PDFs) $127.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

Program Materials

Requires Adobe Reader 8 or later. Download Acrobat FREE.

or call 1-800-926-7926

Can't Attend the Live Program?

CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

More Details >

or call 1-800-926-7926

Customer Reviews

Content was excellent.

Jonelle Burnham

Kimberly-Clark

The back-and-forth between the panelists made the program easy to listen to. The slides were very well done.

Chris Kelly

Mayer Brown

The seminar was very well-organized, managed excellently and informative.

Julia Szadkowski

Equifax Canada Inc.

I liked that the speakers had great knowledge of the topic and presented it with ease without making it overly complicated or rushing through the material.

Laura S. Brooks

Law Office of Laura S. Brooks

The speakers were tops in their industry.

Peter Danias

Kaye Scholer

or call 1-800-926-7926

Litigation Advisory Board

David R. Cohen

Partner

K&L Gates

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

SNR Denton

Mark E. Goodman

Shareholder

Capes Sokol Goodman & Sarachan

Dean D. Hunt

Partner

Baker & Hostetler

Michael E. Lackey, Jr.

Partner

Mayer Brown

Marie A. Lona

Partner

Winston & Strawn

Anthony T. Pierce

Partner

Akin Gump Strauss Hauer & Feld

Robert B. (Barry) Wiggins

Director

Deloitte Financial Advisory Services

or call 1-800-926-7926

Our Guarantee

Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.