By Thomas M. O’Toole, Ph.D.
As the country starts to re-open and jury trials resume, it is our job to research and understand what impact the pandemic and the stay-at-home orders that lasted over two months in some states will have on how jurors evaluate liability and damages going forward. There are many ways to approach this kind of research. For example, we just completed on of the largest surveys we have ever conducted in order to get specific answers to some of the questions we know attorneys and general counsel will have. We are currently in the process of analyzing all of that data.
It is also important to look back in history to other significant events for points of comparison. Everyone I talk to immediately draws comparisons to the 2008 recession, which makes a lot of sense given the economic parallels. When I have suggested looking at September 11, many brush off the suggestion, arguing that it is simply not comparable. However, delving behind assumptions, it becomes clear that there are some very important connections that are worth examination. Continue reading