As plaintiffs firms are betting huge sums on high-stakes class action and multidistrict litigation, attorneys are looking into innovative ways to define and ultimately ensure a winning strategy. Anticipating how jurors not only will interpret the facts but also emotionally connect with a case is crucial.

“I think you can have a very emotional, compelling presentation but if you don’t have the facts and the evidence to back it up, you’re going to lose,” Robins Kaplan partner Patrick Arenz said. At the same time, even if all the facts line up, “if you don’t engage the jury and motivate them to find for your client, it’s going to be an uphill battle.”

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