As we slowly come out of the pandemic, albeit in fits and
starts, juror attitudes have understandably shifted in these difficult and trying
times. It is inevitable that among your jurors there will be those who are
recently unemployed, some for the first time in their work-lives, along with
others who have lost savings, homes, opportunities, even careers.
This has corporate defendants obviously concerned, for if
corporations have often fared poorly in jurors’ eyes, many are doing even worse
now. However, this is hardly the time for plaintiff’s counsel to cry “Huzzah,”
for along with the public’s disdain for corporate greed and malfeasance, comes jurors’
disapproval of any case that smacks of the frivolous or the not “truly madly
deeply” justified. Especially if plaintiff’s win could mean a cut in jobs for
employees.
At least some of the jurors in any given panel understand
the consequence of large awards. Don’t forget that among today’s unemployed are
many who were in the white-collar strata of the workforce, and that these
unemployed are able to educate their less-informed fellow jurors on the realities
of what happens to employees, their jobs, wages and benefits, when corporations
are hit with huge verdicts.
Whether representing plaintiff or defendant, keep in mind
the current composition of your jury pool and current juror attitudes. This
will go far in helping you win your case.
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