Prepared voir dire, selected the jury, and prepared demonstrative exhibits for the defense in a jury trial in Hendricks County, Indiana. The plaintiff had sued her former employer and its president for defamation after the company president had fired the plaintiff for suspected theft and reported her to the police. After three days of evidence, the court granted the defense’s motion for judgment as a matter of law.

Provided extensive consulting on behalf of the defense in preparation for a two-week, federal jury trial in the Northern District of Indiana. The case involved allegations that one of the country’s largest wastewater treatment companies and two of its top managers had tampered with wastewater monitoring methods, thereby violating the Clean Water Act. Our efforts included mock trial work, ThemeTesting^® focus groups, development of demonstrative exhibits, theme development, and jury selection. Result: The jury found all three defendants not guilty on all counts. The verdict represents a complete vindication for the company and the accused individuals. The verdict also avoided multi-million dollar fines and penalties to the company, as well as possible imprisonment for the employees, and it prevented a potentially business-ending debarment from future water treatment business within the United States.

ThemeVision developed a juror profile, developed and drafted voir dire, conducted juror background research, and selected the jury on behalf of the defense in commercial litigation pending in state court in Hamilton County, Indiana. The plaintiffs had alleged that our client, a home builder, was liable for water intrusion problems and resulting mold. Following a week long trial, the six-person jury returned a complete defense verdict in favor of our client, and fees were awarded against the plaintiffs.

Conducted both a ThemeTesting^® focus group study and a mock trial study on behalf of a defendant in a class action, antitrust matter in the Western District of Kentucky. The plaintiffs alleged that the defendants engaged in a price-fixing conspiracy to inflate the price of commissions charged by real estate brokers for the sale of residential real estate in Kentucky. The jury research provided the trial team with key information regarding theme development, risk assessment, case presentation strategies, and jury selection. Summary judgment was granted in favor of our client after the jury research had been conducted and just weeks before the scheduled federal jury trial.

Conducted a ThemeTesting focus group study for the defense in a case involving a residential fire alleged to have been caused by a defective kitchen appliance. A young man and his father were home at the time of the fire. The fire caused catastrophic burn injuries to the young man, who was intoxicated at the time of the fire. The jury research helped the trial team to assess the extent to which they should focus on the young man’s intoxication at trial and also to assess jurors’ perceptions of the father’s separate claims of psychological and emotional distress. A confidential settlement was reached just prior to the scheduled jury trial in Monmouth, County, New Jersey.

Assisted the defense with development of trial themes and strategies in litigation brought against a wind farm by local residents who alleged the wind farm caused them to suffer adverse health effects and emotional distress, harmed their quality of life, and lowered their property values. The plaintiffs alleged intrusions upon their property rights, including low frequency and impulse noise created by wind turbines, and a flicker or strobe light effect when the sun passes through rotating turbine blades. The case settled shortly before trial.

Conducted a ThemeTesting^® focus group study and developed demonstrative trial presentation materials for the defense in a case pending in federal court in Miami, Florida. The case involved an alleged breach of an agreement between two highly successful food service companies. The focus group study helped the trial team identify strong case themes, as well as to develop strategies for handling case weaknesses. Shortly before trial and following favorable rulings on pending motions for summary judgment that significantly narrowed the plaintiff's claims, the case settled favorably for the defense.

Conducted a research project for the defendant in an age discrimination case in the Northern District of Indiana. The case involved an insurance company executive who was fired as part of the company downsizing. The plaintiff was seeking back pay, front pay, and liquidated damages. A settlement favorable to our client was reached just before the scheduled jury trial.

Provided theme development and strategy consultation to the defense in a matter in which a former employee alleged that his termination violated the federal False Claims Act. Specifically, the former employee alleged that he was fired in retaliation for his effort to stop one or more alleged violations of the FCA. We consulted with the defense on themes and arguments likely to resonate with a jury in the Southern District of Indiana, Indianapolis Division, as well as on trial presentation strategies. Summary judgment was granted in our client’s favor shortly before the scheduled trial date.

Conducted a jury research project on behalf of the defense in a product liability matter in the Western District of North Carolina. The plaintiffs alleged that the defendant’s product was defective and unreasonably dangerous and caused the death of their family member, who was 18 years old at the time of the incident. The research contributed to an assessment of the risks of taking the case to trial.

Conducted a ThemeTesting focus group study on behalf of the defense in a fire case that was pending in federal court in Mobile. The case involved a house fire that resulted in the deaths of three children. The plaintiffs alleged that a defect in our client’s product had caused the fire. The focus group research helped the trial team to identify themes that were likely to resonate with jurors and to assess the case risks. The focus group research also provided data used in the development of a juror profile and the development of voir dire questions and strategies. Result: The case settled favorably the evening prior to jury selection.

Conducted a jury research project on behalf of the defense in a product liability matter in the District of Colorado. The plaintiffs alleged that our client’s product was unreasonably dangerous, had defective warnings, and had caused the death of their family member, who was 23 years old at the time of the incident. The research contributed to case valuation, an assessment of a likely distribution of comparative negligence, and, ultimately, to a strategically favorable settlement for our client.

Conducted mock jury research, assisted with jury selection, and developed all demonstrative exhibits for the plaintiff in a jury trial in the Southern District of Indiana. The case involved breach of contract claims relating to a technology licensing agreement and the plaintiff was seeking unpaid royalties. Result: A confidential settlement was reached following the first day of what was scheduled to be a three-week jury trial.

Conducted a ThemeTesting^® focus group study on behalf of the defense in a product liability case involving a large appliance. The plaintiffs alleged that our client’s product was defective and caused a two-year-old child to suffer a permanent brain injury. The jury research helped the trial team evaluate how a jury would perceive the critical causation issues in the case, which facilitated a valuation of the case and ultimately contributed to a successful settlement.

Conducted a two-panel, jury simulation study for the defense in a personal injury case that was pending in Florida state court. The plaintiff struck his head on the ground and suffered a severe brain injury after he unsuccessfully attempted to mount a horse owned by the defendants. The jury simulation study assisted the trial team with case vaulation and an assessment of the risks associated with proceeding to trial. The case settled favorably for the defense prior to trial.

Conducted a ThemeTesting focus group study on behalf of the defense in a case involving a plaintiff who suffered massive burn injuries and disfigurement as a result of a flash fire in a FEMA trailer. The plaintiffs alleged that our client's product had caused the fire. The jury research helped the trial team evaluate the risks of trial and value the case, ultimately contributing to a successful settlement.

Provided extensive consulting on behalf of the defense in preparation for a three-week, federal, jury trial in a case involving bids submitted to the Kentucky Transportation Cabinet for highway construction contracts. The United States accused the defendants of conspiracy, bribery, and obstruction of justice. Our efforts included multiple phases of consulting and research, including community attitude surveys, ThemeTesting^® focus group studies, development of demonstrative exhibits, theme development, development of a juror profile, and assisting with jury selection. Result: After about eight hours of deliberation, the jury found both defendants not guilty on all counts.

Conducted a community attitude survey in New Orleans on behalf of the defense in a case involving a serious injury that occurred in a FEMA trailer following Hurricane Katrina. The survey helped the trial team evaluate the importance and prevalence of certain pre-existing beliefs and attitudes within the New Orleans community and assess the potential impact those beliefs and attitudes may have on juror perceptions of key defense arguments.

Assisted the plaintiff, a life insurance company, with a jury trial in federal court in Iowa. The case involved a business methods patent infringement dispute. We conducted ThemeTesting^® studies prior to trial, assisted with jury selection, and prepared the demonstrative exhibits used throughout trial. Result: $13.1 million jury verdict in favor of our client.

Conducted both a ThemeTesting study and a Mock Opening Statement Study on behalf of the defense in a product liability matter in San Jose. The plaintiffs alleged that the defendant’s product was unreasonably dangerous and had caused or substantially contributed to their family member’s death. The background facts of the case involved politically- and socially-charged issues, such as suggestions of drug abuse and racial discrimination.  The studies provided the trial team with key information regarding theme development, risk assessment, case presentation strategies, and jury selection.  Summary judgment was granted in favor of our client after the study and on the eve of the federal jury trial.

Conducted a ThemeTesting^® focus group study on behalf of the plaintiff in a construction defect case. The case involved a large residential home builder who brought suit against numerous subcontractors for defective workmanship that resulted in water intrusion problems in a large number of homes. The study provided the trial team with key information about the impact of particular documents and exhibits, as well as the impact of the overall plaintiff and defense themes. The case settled after the study and shortly before trial.

Conducted a mock arbitration study on behalf of a professional sports team in an employment dispute with a player. The employment dispute was governed by the terms of a collective bargaining agreement and was subject to an arbitration provision. The study involved presenting briefing, oral arguments, and evidence to a panel of mock arbitrators recruited from across the country for their expertise and experience in sports employment law. The study results helped shape the trial team’s arbitration strategies and assess risks associated with the arbitration. A confidential settlement was reached after the study and shortly before the scheduled arbitration.

Conducted a multi-day ThemeTesting study in Houston on behalf of the defense. The United States had alleged that several professional commodities traders had entered into an illegal conspiracy to manipulate and corner a particular energy commodities market.  A three-day ThemeTesting^® focus group study was conducted, which assisted the trial team with case assessment and the development of case presentation strategies. Based on dispositive motion practice, the case was dismissed after the study and shortly before the scheduled federal jury trial.

Conducted a ThemeTesting^® focus group study and a two-panel mock jury study for the plaintiff in a case pending in federal court in South Carolina. The case involved a significant business interruption claim resulting from the failure of a specialized piece of equipment essential to the operation of the plaintiff’s manufacturing business. The studies helped the trial team to isolate and focus on themes that were likely to resonate with a South Carolina jury. The studies also provided the trial team with important information related to case valuation. The case settled favorably for our client.

Conducted a six-panel, ThemeTesting^® study in a toxic tort case involving an adolescent who alleged he suffered cognitive impairments as a result of a pesticide exposure. The study tested key facts, themes, and arguments relating to the issue of punitive damages. The study provided the trial team with important information regarding key documents and witnesses relating to damages issues. Overall, the study contributed to the client’s case assessment and case valuation.

Conducted a mock bench trial on behalf of the defendant in a dispute relating to drivers’ contracts in the Champ Car World Series. The mock trial was conducted with a panel of retired and former judges and involved the presentation of evidence and testimony for the judges’ review, including witness testimony presented by video. The study allowed the trial team to determine which aspects of a complex commercial dispute were most important to the decisions of a panel of judges. The study also provided the trial team with detailed feedback regarding judicial perceptions of key witnesses. Result: The case settled favorably for the defense prior to trial.

Conducted a three-panel, ThemeTesting focus group study in Oakland, California. The plaintiff claimed asbestos exposure resulting from repair work performed on appliances manufactured by our client. The ThemeTesting study revealed which defense themes resonated with mock jurors and also revealed specific challenges likely to be encountered in a jury trial. The ThemeTesting study contributed to case valuation and, ultimately, to a strategically favorable settlement for our client. 

Conducted verdict research for the defense in a case pending in Los Angeles County involving an allegation that trace amounts of benzene allegedly contained in the defendant’s herbicide had caused the plaintiff’s cancer. The verdict research was used by the client in the case valuation process. The case was ultimately settled before trial.

Conducted mock class certification hearings on behalf of the defendant in a putative class action involving the sale of annuities. The mock hearings were conducted with panels of retired, former, and senior-status state court judges and involved the presentation of briefing, oral argument, evidence, and testimony for the judges’ review, including witness testimony presented by video. The study allowed the trial team to determine which aspects of a complex class certification dispute were most important and persuasive to representative panels of judges from the relevant jurisdiction. The study also allowed the trial team and the client to better assess the risks of a class certification hearing.  Result: The case settled favorably for the defense prior to the class certification hearing.

Conducted a three-panel, ThemeTesting focus group study in a toxic tort case involving an adolescent who alleged he suffered cognitive impairments as a result of a pesticide exposure. The study tested core themes and arguments relating to liability issues, including alleged product defect, exposure, dose, and medical causation. The study provided the trial team with important information regarding case themes and jurors’ likely perceptions of the battle of the experts. Overall, the study contributed to the client’s case assessment and the trial team’s trial preparation.   

Conducted a ThemeTesting focus group study on behalf of the defense in a case involving allegations of ground water contamination resulting from pesticide products.

Conducted a ThemeTesting focus group study in Manhattan in a criminal matter involving allegations of securities fraud.  The results of the study assisted the trial team with identifying persuasive evidence and evaluating the risks associated with trial.  The case was ultimately tried to a jury in the Southern District of New York.

Assisted with jury selection, witness preparation, and development of demonstrative exhibits in a criminal matter involving allegations of tax fraud, which was tried to a jury in the Southern District of Indiana, Indianapolis Division.

Conducted pre-trial ThemeTesting study, prepared demonstrative exhibits, assisted with jury selection, and monitored trial on behalf of a defendant manufacturer in an employment discrimination jury trial in Federal Court in Indiana.  Result: Defense verdict following 14 hours of jury deliberation. 

Conducted a ThemeTesting^® focus group study in a case involving a child who was alleged to have been injured by an allegedly defective laundry appliance.

Conducted a ThemeTesting focus group study in a case involving two children who died in a house fire alleged to have been started by a defective kitchen appliance.

Developed juror profile and proposed voir dire questions in a criminal matter involving alleged violations of a federal statute restricting the possession of certain firearms and weapons. 

Conducted a mock briefing project in which draft and actual appellate briefs were sent to a panel of former appellate judges in advance of filing with the court.  The appellate judges were surveyed regarding their reactions to the briefing and participated in a moderated conference call to further share their thoughts and opinions regarding the briefs.  The comments of the panel of former judges were evaluated by ThemeVision and by the legal team, with many of the judges' questions and comments being addressed in the briefing that was ultimately filed with the court.  Ultimately, ThemeVision's client prevailed, with the appellate court overturning the decision below. 

Conducted a three panel ThemeTesting^® focus group study for the defense in a mesothelioma case. The plaintiff alleged that asbestos located on the premises where he had performed pipefitting work for the defendants had caused his mesothelioma. The ThemeTesting study provided the trial team with important insights into the strengths and weaknesses of their case, particularly with regard to premises liability issues. The case was tried to an Indianapolis jury. The result was a defense verdict in favor of our client.

Conducted a ThemeTesting^® focus group study for the defense in commercial litigation that was pending in Hillsborough County.  The case involved claims for tens of millions of dollars in property damage and business disruption, as well as alleged violations of the Florida Civil Remedies Act.  The ThemeTesting study assisted the trial team with identifying and developing persuasive arguments and evidentiary presentations.  The case was tried to a Hillsborough County jury and the jury returned a defense verdict on all counts. 

ThemeVision was engaged by the defense following a significant jury award in a wrongful-death case involving an explosion and a resulting fire. The post-trial juror interviews revealed information important to the trial team regarding the jury’s reaction to specific evidence and the process and analysis the jury employed in determining damages. 

Conducted a ThemeTesting^® focus group study in an alleged chemical exposure case involving multiple plaintiffs.  The focus group research revealed for the trial team specific themes and arguments that did and did not resonate with the focus group participants, allowing the legal team to better prepare for trial.  

Conducted a ThemeTesting^® focus group study in a case pending in the Southern District of Indiana. The plaintiff pharmaceutical company claimed that several insurance carriers breached their contract with the pharmaceutical company. The ThemeTesting study helped the trial team evaluate how jurors would perceive the insurance contract and the motives of the parties. The ThemeTesting study contributed to a strategically favorable settlement for our client.  

Conducted a mock arbitration project using a sample of former federal judges as mock arbitrators in an insurance coverage action.  Developed demonstrative exhibits for use at arbitration.

Conducted a three-panel mock jury project on behalf of a defendant pharmaceutical company. 

Conducted a ThemeTesting focus group study and developed demonstrative exhibits for use at trial in patent litigation involving telecommunications software.

Conducted a six-panel mock jury study on behalf of a pharmaceutical company in a case involving claims by two individuals that they were joint inventors of a patent held by the pharmaceutical company. A key question of trial strategy was the extent to which the trial team should focus on a detailed explanation of the underlying science. We conducted an experiment in which three mock juries were presented with extensive testimony regarding the underlying science and three other mock juries were not. All other aspects of the presentations were held constant. The results revealed specific ways in which the detailed presentation of the underlying science worked to our client’s favor. The study provided the trial team with critical guidance regarding case strategy. The case was ultimately resolved in our client’s favor by summary judgment just prior to the scheduled jury trial.

Conducted a ThemeTesting^® focus group study in a matter in which multiple criminal defendants were alleged to have knowingly violated a trade embargo.  The focus group data revealed specific themes and arguments that did and did not resonate with the focus group participants and also revealed some of the risks of proceeding to trial, allowing the criminal defense team to better prepare for trial and to better advise their client of the risks of a jury trial. 

Conducted a three-panel jury simulation project in a wrongful death case.  The case was pending in state court in Texas and involved a fatality suffered in a house fire.  The plaintiffs alleged that the defendant's product had caused the fire.  The study assisted the trial team with identifying risks associated with proceeding to trial.

Conducted a ThemeTesting focus group study on behalf of the defense in a case involving the claimed wrongful death of an infant child. The plaintiffs alleged that a medical device used by the child's father was defective, resulting in the father losing consciousness while holding the infant, in turn causing the father to fall upon and smother the infant. The ThemeTesting study allowed the trial team to test approaches to presenting a science-based defense in a case that otherwise involved heartbreaking facts. The study assisted the trial team with case valuation as well as with development of discovery strategies and settlement strategies.

Conducted a three-panel mock jury project on behalf of a defendant in a toxic tort action in which the plaintiff claimed, among other things, to be suffering from Multiple Chemical Sensitivity as a result of exposure to the defendant's product.

Conducted a two-panel jury simulation project for the defense in a wrongful death case.  The plaintiffs alleged that the decedent's death and preceding illnesses were caused by exposure to an over-the-counter pesticide.  The jury simulation study assisted the trial team with testing key causation defenses and determining which arguments and themes were more or less likely to resonate with a Texas jury.

Conducted a six-panel jury simulation study for the defense in Los Angeles, California. The plaintiffs claimed that a commercially-applied pesticide was defective and caused their two daughters, an infant and a toddler at the time, to suffer severe neurological injuries. The jury study evaluated two alternative defense themes and assisted the trial team with making key trial strategy decisions. The case was dismissed on motion practice shortly before trial.

Conducted a two-panel jury simulation project for the defense in a case involving crop damage.  The plaintiff alleged that the crop damage resulted from application of an herbicide product.  The jury research assisted the trial team with identifying themes and arguments that resonated with mock jurors in rural Washington. 

Conducted a jury simulation project in a commercial dispute arising from an explosion at a chemical manufacturing plant.  Result:  Case settled favorably for our client one week into trial. 

Analyzed results of a jury simulation study and developed trial themes and strategies in a case involving fatalities suffered in a house fire.

Conducted community attitude surveys, ThemeTesting focus groups, and a mock jury study on behalf of the defense in a case involving multiple fire deaths and a severely disabled child.  The plaintiffs alleged that our client's product had caused the fire.  The empirical research helped the trial team to evaluate the risks of trial and value the case, ultimately contributing to a successful settlement.

Conducted a jury simulation project in Chicago on behalf of the plaintiff in a wrongful termination action filed by a physician against the physician's former employer.

Conducted a mock trial with multiple mock juries on behalf of the plaintiff in a case involving state and federal antitrust claims asserted against a Cleveland energy provider. The mock trial provided the trial team with key information regarding jurors' perceptions of the interplay between antitrust laws, complex contractual provisions giving rise to the claims in the case, and jurors' common-sense notions of competition and fair play. The project assisted the trial team with assessing the merits of the case, with case valuation, and with positioning the case for settlement.

Conducted a jury simulation project on behalf of the plaintiff in a case involving the theft of trade secrets by the plaintiff's former employee.  The case, which involved energy and utilities, was tried to a jury in the Southern District of Indiana and resulted in what was then the largest jury verdict in Indiana Federal Court history.