What a Polarized Jury Pool Means for Corporate Defendants
Meghan Kelly and Bill Oxley, the leaders of the complex litigation and dispute resolution practice at Orrick, Herrington & Sutcliffe, discuss the results of a survey of more than 1,000 potential jurors in venues yielding big verdicts.
November 16, 2023 at 07:30 AM
8 minute read
We've discussed it in this space at some length: The uptick in damages verdicts of more than $10 million in the wake of the global pandemic has been measurable and it has corporate defendants' attention. That means, if you're at all paying attention, it's also something you've likely had your eye on.
Well, Meghan Kelly and Bill Oxley, the leaders of the complex litigation and dispute resolution practice at Orrick, Herrington & Sutcliffe, were way out ahead of us on all this. The uptick in so-called nuclear verdicts was part of what led Orrick to commission an extensive online survey of more than 1,000 jury-eligible people in venues that have yielded the most eight-digit-plus damages awards recently including counties in California, Florida, Kansas, Illinois, Indiana, Louisiana, Minnesota, Missouri, Texas, New Jersey and New York. The survey aimed to mirror the demographics of the jury pools in these places in terms of race, occupation, political affiliation, and, critically, age. (One of their more interesting findings: Jury participation among those in Generation Z is currently on the uptick. Get your quick-cut TikTok-style videos ready, trial counsel!)
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Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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