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 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.

Developed a demonstrative timeline for use by the plaintiff in a federal jury trial in the Northern District of Illinois.  The case involved a breach of contract claim.  Result: $2.1 million jury verdict for the plaintiff.

Developed demonstrative exhibits for the defense of RICO, ERISA, and fraud claims in a jury trial in federal court in New Jersey. The case involved an allegation that the defendant had misrepresented the effect of an insurance product. The jury returned a verdict in favor of the defense on all counts.

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 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 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.

Developed demonstrative exhibits for use in a dispositive hearing in the United States District Court for the District of Nevada.  The matter involved commercial litigation relating to a massive real estate transaction. 

Developed demonstrative exhibits for use in early mediation of a commercial putative class action filed in Illinois state court.

Developed demonstrative exhibits for use in early mediation of a commercial dispute filed in Pulaski County, Arkansas.

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. 

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 ThemeTesting focus group study for the defense in commercial litigation involving two large corporations involved in manufacturing life-sciences-related products. The case involved allegations of fraudulent misrepresentation and breach of contract, with counterclaims of trademark infringement. The studies helped the trial team to develop strategies for the presentation of complex information to a jury and also helped the trial team to isolate and focus on themes that were likely to resonate with a St. Louis jury. Finally, the study provided the trial team with important information related to case valuation. The case settled favorably for our client.

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. 

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.