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By 'jury bias' AAJ probably means jury knowledge, skepticism

Finally catching up to the latest issue of "Trial," the American Association for Justice's monthly magazine, I see that AAJ has formed three new litigation groups -- panels meant to educate, inform and polish their members' ability to sue, sue, sue. These litigation groups are most often associated with a product or practice that you can sue over, e.g., electric blankets, lead paint, toxic mold or funeral services. But one detects a different emphasis in the three new groups: jury bias, appellate practice, and class actions. The one for jury bias stands out:

Jury bias: Too often, plaintiffs lose cases they should win because of jury bias, not because of the strength of the evidence. This new litigation group, cochaired by the creators of the Jury Bias Model, will educate members about how jury bias in tort cases affects jury verdict preferences.

The group will highlight cutting-edge research so attorneys can minimize the effects of jury bias and tort "reform" rhetoric at trial, and it will provide members with information and advice about focus groups, mock juries, and jury consultants. The group will also establish a document library, a list server, and education programs to be presented at upcoming AAJ conventions.

Cochairs are David Wenner of Phoenix; Gregory Cusimano of Gadsden, Alabama; and Jerome O'Neill of Burlington, Vermont.

Pushing back against tort reform rhetoric, eh? Perhaps the trial lawyers recognize they're on the defensive, and that the civil justice reform advocates have been succeeding with their well-founded arguments.

Or maybe Wenner and Cusimano just did a real good sales job promoting their Jury Bias Model .

You can read the AAJ article on the litigation groups here.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.