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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