Account for ‘Social Inflation’ in Damages Awards
By Dr. Ken Broda-Bahm: “Social inflation” is a phrase that crops up these days when people are talking about civil damage awards. As an explanation for a wave in so-called “nuclear verdicts,” social...
View ArticleDefendants – Argue Damages Differently
By Dr. Ken Broda-Bahm: The Covid pandemic is now mostly in the rear-view mirror, but in now busy courthouses across the country, the juries who are returning seem a little different. Based on common...
View ArticleCounter “Safetyism” With Realism
By Dr. Ken Broda-Bahm: There is a perspective on juror attitudes that has been receiving some attention lately. “Safetyism” refers to an individual’s tendency to not merely prefer safety, but to demand...
View ArticleBe Ready for a Reptile-Reboot
By Dr. Ken Broda-Bahm: The “Reptile” approach to trying civil cases by targeting a fear response has transitioned from being a novelty to being a mainstay in a little more than a decade. While the...
View Article(Safely) Combat Safety Absolutism
By Dr. Ken Broda-Bahm: Recently, civil defendants have been interested in a new label: “Safetyism.” The idea focuses on a pervasive and increasing attitude in the jury-eligible population that demands...
View ArticleAs the Reptile Evolves, Update Your Understanding of ‘Duty’
By Dr. Ken Broda-Bahm: The Reptile approach to courtroom persuasion aims to sell plaintiffs’ cases by invoking absolute duties for protection wrapped around a fear appeal that resonates with the...
View ArticleStop Speculating on Your Damages Exposure
By Dr. Ken Broda-Bahm: As civil jury trials continue to become more scarce, the need to reasonably assess what result a jury would return in trial becomes even more important. Even when the trial does...
View ArticleProfile Your Nuclear Juror (Based on the Research)
By Dr. Ken Broda-Bahm: In addition to making their views known at the ballot box, citizens can similarly broadcast their sentiments in the civil jury box. While they’re asked to merely make a factual...
View ArticleWitnesses: Be Tough to Cross
By Dr. Ken Broda-Bahm: Cross-examination is a big deal for a key witness. I’ve noticed in trial that it gets some added attentiveness from the jury. Knowing that they’re now seeing one side pitted...
View ArticleWitnesses, Avoid Absolutes
By Dr. Ken Broda-Bahm: As they enter a deposition room, or approach the lectern for cross-examination at trial, opposing counsel is looking for an opportunity to make a few memorable points at your...
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