Bar Bulletin

Bar Bulletin

Tackling Complexity Randomness at Trial

March 2023 Bar Bulletin

It was devastating for the defense team to watch. Jared, one of the few jurors willing consistently to speak up, took control of the deliberations to offer a convoluted and completely erroneous explanation of the technology at the heart of the case, creating a path to a plaintiff’s verdict that the plaintiff’s own trial team likely did not anticipate. What the defense team thought was an easy defense had now become $45 million in exposure. Fortunately, this was only a mock trial, not the real thing. While the defense team thought its case was strong, it was smart enough to recognize the complexities involved in the case and...

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