Bar Bulletin

Bar Bulletin

Voir Dire Straits: Keeping It Valid

August 2018 Bar Bulletin

By Daniel W. Dugan

You have an insurance bad faith case in which the carrier paid only a fraction of the estimated damages to a business in the aftermath of a hurricane. The carrier paid 100 percent its estimate, but that was only about 12 percent of the plaintiff’s estimate. Both sides absolutely want to know if jurors ever had experience with hurricanes. So, in voir dire, an attorney asks:

“We’d like to know about your experience with hurricanes. How many of you have ever lived through one? Raise your hand for ‘yes.’”

• Plaintiff legal team furiously notes every raised hand in the box.

• Defendant...

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