Clean Water Act Jury Trial -
Indiana
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.
Construction Dispute: Water Intrusion -
Indiana
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.
Wind Farm Litigation -
Michigan
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.
Benzene Litigation (Herbicide Exposure) -
California
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.
Alleged Ground Water Contamination -
Hawaii
Conducted a ThemeTesting focus group study on behalf of the defense in a case involving allegations of ground water contamination resulting from pesticide products.
Crop Damage Litigation (Herbicide) -
Washington
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.
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