ThemeVision LLC - Trial Consultants
 
       
 
 
         
     
   

  Areas of Law

   Representative Experience
ThemeVision's trial consultants use empirical methods (including focus groups, mock trials, jury simulation studies, telephone surveys, internet surveys, and other methodologies) to develop case presentation strategies, jury selection strategies, and other strategies in litigation and advocacy across a number of distinct areas of law that impact businesses and individuals.
 
Social Security Fraud Case- Nebraska
Assisted with theme development, witness preparation, and development of demonstrative exhibits in a criminal matter involving allegations of defrauding the Social Security Administration by helping an employee conceal earnings. The case was tried to a jury in the District of Nebraska.
Automotive Parts Antitrust Jury Trial- Ohio
Provided extensive consulting for the defense in a three-week, criminal antitrust jury trial in the Southern District of Ohio. The government alleged that a Japanese auto parts manufacturer and its US subsidiary conspired with others to fix prices and rig bids. Our efforts included a mock trial study, ThemeTesting® focus groups, development of demonstrative exhibits, theme development, and jury selection. Result: The jury found both defendants not guilty even though alleged co-conspirators pled guilty and testified as government witnesses. The verdict averted multi-million dollar fines.
Alleged Benzene Exposure from Printing Press Work- Pennsylvania
Conducted a ThemeTesting® focus group study on behalf of the defense in a case pending in Philadelphia County involving claims that benzene allegedly contained in various printing press products manufactured by the defendants had caused the plaintiff’s cancer. We assisted with overarching theme development as well as the development of demonstrative exhibits to help clearly and effectively communicate scientific and technical expert testimony. The case was ultimately settled before trial.
Patent Litigation Involving Target Acquisition Devices- California
Worked with the defendant in a patent infringement case involving target acquisition devices for use in long-range shooting.  We assisted with the development of graphics, demonstrative exhibits, and presentation strategies for a Markman hearing in the Northern District of California.  Result: The graphics were used successfully at the Markman hearing and the case was subsequently resolved by settlement.
Commercial Real Estate Dispute- North Carolina
Consulted for the plaintiff in commercial real estate dispute that was pending in Wake County, North Carolina.  The case involved disputed contract terms and the management of a commercial construction project. Our efforts included a 1.5-day mock trial study, theme development, development of a juror profile, and assisting with witness preparation. Result: The case settled favorably for our client prior to trial.
Slip-and-Fall Accident Involving Traumatic Brain Injury- Indiana
Conducted a mock bench trial study to help the defense in a state court case in Howard County, Indiana. The case involved a plaintiff who suffered a traumatic brain injury in a slip-and-fall accident. The focus of the research was damages. The research helped the trial team evaluate how a judge would perceive and value the plaintiff's injuries, which facilitated a valuation of the case and ultimately contributed to a successful settlement.
Jury Trial: Insurance Coverage Dispute- Tennessee
Provided extensive consulting to the plaintiff in an insurance coverage case in Davidson County, Tennessee. A series of focus group and mock trial studies were conducted to test the strength of the plaintiff and defense evidence under differing case scenarios that could result from rulings on pretrial motions. In addition to jury research, we assisted with the development of case themes, a juror profile, jury selection, and demonstrative exhibits. Result: $204 million verdict.
Jury Trial: Commercial Dispute Regarding Breach of Contract and Price Discrimination- Indiana
Provided extensive consulting for the plaintiff in a price discrimination case in the Indianapolis Division of the Southern District of Indiana. Our consulting services included a mock trial study, theme development, witness preparation, juror profile development, jury selection assistance, trial monitoring, and development of demonstrative exhibits. Result: $6.5 million verdict for our client.
Medical Device: Orthopedic Implant Case- Maryland
Conducted a ThemeTesting® focus group study on behalf of the defendant medical device manufacturer in a state court case in Baltimore City, Maryland. The plaintiff claimed the manufacturer failed to warn about risks associated with its orthopedic implants. The results of the jury research helped the trial team develop and refine case themes, assess witness credibility, and improve strategies for the presentation of scientific evidence. It also contributed to the development of a juror profile and jury selection strategies. Result: Summary judgment was granted in favor of our client the day before jury selection was scheduled to begin.
Auto Accident Involving Traumatic Brain Injury- Indiana
Conducted a ThemeTesting® focus group study to help the defense in a state court case in Monroe County, Indiana involving a plaintiff who suffered a traumatic brain injury as a result of an auto accident. The research assisted the trial team with the evaluation of case themes as well as case valuation. A favorable settlement for our client was reached before trial.
Legal Malpractice Defense- Kentucky
Conducted a ThemeTesting® focus group study for the defendant in a legal malpractice action in Jefferson County, Kentucky. The case involved multiple claims of conflict of interest and claims for compensatory as well as punitive damages. The jury research helped the trial team evaluate case strengths and weaknesses and the core defense case themes. The research also provided information on mock jurors' perceptions of key witnesses and data that was used to develop a juror profile for jury selection. A settlement was reached prior to trial.
MDL Class Action Antitrust Case- Ohio
Provided extensive consulting for the defense in a MDL class action antitrust case in the Northern District of Ohio involving allegations that a conspiracy among the defendants caused the plaintiffs to overpay for certain commodity supplies necessary for the operation of their businesses. Our efforts included a ThemeTesting® focus group study, a mock trial study, development of demonstrative exhibits, theme development, and development of a juror profile and voir dire questions. Result: A favorable settlement for our client was reached before trial.
Commercial Landlord-Tenant Dispute- Wisconsin
Assisted the defense in a state court case in Dane County, Wisconsin involving a commercial landlord/tenant dispute. Specifically, we helped the defense identify and develop core case themes, draft proposed voir dire questions, and develop a juror profile for jury selection. A settlement was reached prior to trial.
Patent Jury Trial: Adhesive Manufacturing- Indiana
Developed voir dire questions and demonstrative exhibits for the alleged infringer a patent case in the Southern District of Indiana. The patent covered technology relating to the production of adhesive products. Result: After a two-week trial, the jury returned a verdict in favor of our client, finding no infringement.
Jury Trial: Commercial Dispute Regarding Restrictive Covenants- Illinois
Assisted with theme development, opening statement strategies, voir dire, and jury selection strategies on behalf of the plaintiff in a case tried in state court in McLean County, Illinois.  The case involved a commercial dispute among former partners in a medical practice following the departure of one partner who subsequently established a competing practice.  The legal claims included breach of restrictive covenants and breach of fiduciary duties.  Result: Following a multi-week trial, the jury returned a verdict for our client, the plaintiff, on all counts and also awarded the full damages that were sought.   
Commercial Dispute Regarding Employment Contracts- Pennsylvania
Conducted a mock trial study and assisted with the development of case themes and jury selection strategies for the defense in a case involving alleged breaches of restrictive covenants in connection with the sale of a family-owned business in the death care industry. Result: A favorable settlement for our client was reached before trial.
Legal Malpractice Defense- Indiana
Provided extensive consulting for the defendant in a state court case in northern Indiana involving allegations of legal malpractice. Our efforts included a ThemeTesting® focus group study, development of demonstrative exhibits, theme development, witness preparation, jury selection, and in-court observation. Result: Defense verdict on all counts. In addition, the defendant prevailed on its counterclaim for unpaid attorney fees.
Medical Device & Sports Injury Case- California
Assisted with theme development, opening statement strategies, trial graphics, and jury selection strategies on behalf of the defense in preparation for a jury trial in Los Angeles County.  A professional baseball player alleged that a medical device manufactured by our client and used during the player’s shoulder surgery was defective and led to the demise of his career.  We assisted the trial team with opening statement themes and graphics to communicate the nature and severity of the plaintiff’s original injury that necessitated the surgery, as well as the lack of causal connection between the alleged defect and the player’s declining career.  Result: The case settled favorably for our client the morning of the scheduled jury selection.
Appellate: Class Action re Alleged Price-Fixing- Kentucky
Conducted a mock appellate argument on behalf of the defendants-appellees in an appeal before the Sixth Circuit. A panel of former federal judges reviewed as-filed appellate briefing and heard mock oral arguments. Information on the judges' analysis of, and reactions to, the briefs and oral arguments was gathered through private questionnaires and a focus group discussion with the judges.  The judges' feedback, which was analyzed by ThemeVision and discussed with the trial team, influenced the ultimate presentation to the Sixth Circuit. Result: ThemeVision's client prevailed, with the Sixth Circuit affirming the district court's summary judgment.
Product Liability: Pharmaceutical- Pennsylvania
Assisted with theme development, jury selection strategies, and opening statement strategies on behalf of the defense in preparation for a jury trial in Philadelphia County. Plaintiffs alleged that a prescription drug taken by a pregnant mother caused her child to be born with a birth defect. We assisted the trial team with the development of voir dire and jury selection strategies, as well as opening statement graphics that were focused on causation themes.  Result: The case settled favorably for our client after the first week of trial.
Jury Trial: Software Engineering- California
Conducted a ThemeTesting® focus group study for the plaintiff patent-holder in patent litigation that was pending in federal court in Los Angeles.  The case involved a patent covering read-only memory design. Our efforts included multiple phases of consulting and research, including a ThemeTesting focus group study, development of demonstrative exhibits, theme development, development of a juror profile, assisting with jury selection, and assisting with witness preparation during trial. Result: The case settled favorably for our client while the jury was deliberating.
Trucking accident- Georgia
Conducted a ThemeTesting® focus group study on behalf of the defense in a trucking accident case pending in state court in DeKalb County, Georgia. The focus of the research was damages. The jury research helped the trial team evaluate how a jury would perceive the plaintiff's injuries, which facilitated a valuation of the case and ultimately contributed to a successful settlement.
Jury Trial in Software Dispute- Maryland
Assisted counsel for the plaintiff, a Connecticut-based software development firm, with voir dire strategies and demonstrative exhibits. Following a week-long trial in Montgomery County, Maryland, the jury found that the defendant had intentionally interfered with the deployment of our client’s software and competed unfairly in seeking to deploy rival software. The jury found the defendant’s actions included intentional misconduct and awarded $24.8 million in damages for lost revenues and profits. The victory was considered as one of the National Law Journal’s Top 100 Verdicts of 2013.
Meta-analysis of Asbestos Litigation Jury Research- Georgia
Reviewed and statistically analyzed information from jury research studies and post-trial juror interviews associated with numerous asbestos cases across the United States over an 11-year period. The total data set included information from more than 600 jurors and mock jurors across 13 states. Our analysis identified the strongest and weakest evidence and witnesses for our client in ongoing litigation pending in multiple venues across the country. We also provided our client with empirically-based strategy recommendations for future asbestos trials involving our client's particular product.
Adhesive Patent Litigation- Michigan
Conducted a ThemeTesting® focus group study and a mock trial study to help the alleged infringer in patent litigation pending in the Eastern District of Michigan. The patent covered technology relating to the manufacturing of an adhesive product. Through assistance with theme development and demonstrative exhibits, we helped the trial team simplify complex scientific and technological issues. Result: Our client prevailed on summary judgment just prior to the scheduled jury trial.
Jury Trial: Defamation Claim- Indiana
Prepared voir dire, selected the jury, and prepared demonstrative exhibits for the defense in a jury trial in Hendricks County, Indiana. The plaintiff had sued her former employer and its president for defamation after the company president had fired the plaintiff for suspected theft and reported her to the police. After three days of evidence, the court granted the defense’s motion for judgment as a matter of law.
Alleged Fraud and Conspiracy Relating to Government Contract- Indiana
Provided extensive consulting to the defense in preparation for an 8-day federal jury trial in the Northern District of Indiana. The case involved 13 felony counts, including charges of bank, mail, and wire fraud and conspiracy relating to a significant real estate transaction that was part of a larger government contract for real estate services. A month before trial, a co-defendant pleaded guilty to one count of wire fraud and agreed to cooperate with the government. Our efforts included ThemeTesting® focus groups, development of demonstrative exhibits, theme development, and jury selection. Result: After eight hours of deliberation, the jury found both defendants not guilty on all counts.
Pesticide Exposure: Child Injury- Texas
Conducted ThemeTesting® focus groups and mock trial work on behalf of the defense in preparation for a jury trial in Hidalgo County. A family alleged that the mother's exposure to insecticide while she was pregnant caused her children to develop autism. Our efforts included theme development, juror profile development, and development of demonstratives. We also worked with the trial team to present complex scientific testimony in a way that would be understandable to jurors. The case was ultimately settled before trial.
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.
Product Liability Suit Involving Plant Fire- Indiana
Conducted a ThemeTesting® focus group study for a defendant in a product liability action in Lake County, Indiana. The case involved a large fire at a steel mill. The plaintiff alleged that a machinery component manufactured by our client was defective and failed, leading to the failure of a large piece of equipment and the related fire. We assisted the trial team with theme development, case valuation, jury selection strategies, and demonstrative exhibits. Our client prevailed on summary judgment just prior to the scheduled jury trial.
Class Action (Real Estate Price Fixing)- Kentucky
Conducted both a ThemeTesting® focus group study and a mock trial study on behalf of a defendant in a class action, antitrust matter in the Western District of Kentucky. The plaintiffs alleged that the defendants engaged in a price-fixing conspiracy to inflate the price of commissions charged by real estate brokers for the sale of residential real estate in Kentucky. The jury research provided the trial team with key information regarding theme development, risk assessment, case presentation strategies, and jury selection. Summary judgment was granted in favor of our client after the jury research had been conducted and just weeks before the scheduled federal jury trial.
Fire Litigation (Kitchen Appliance)- New Jersey
Conducted a ThemeTesting focus group study for the defense in a case involving a residential fire alleged to have been caused by a defective kitchen appliance. A young man and his father were home at the time of the fire. The fire caused catastrophic burn injuries to the young man, who was intoxicated at the time of the fire. The jury research helped the trial team to assess the extent to which they should focus on the young man’s intoxication at trial and also to assess jurors’ perceptions of the father’s separate claims of psychological and emotional distress. A confidential settlement was reached just prior to the scheduled jury trial in Monmouth, County, New Jersey.
Auto Accident: Child with Permanent Brain Injury - Indiana
Conducted a ThemeTesting® focus group study on behalf of the defense in a case that involved an infant who suffered permanent brain damage after the automobile her mother was driving was struck by the defendant's truck at an intersection and rolled over, ejecting the child. Plaintiffs were seeking damages for medical expenses, pain and suffering, and loss of consortium. The defendant admitted that its employee was responsible for the crash. The ThemeTesting study assisted the trial team with trial strategy and case valuation. A favorable settlement for our client was reached before trial.
Mesothelioma Case- New York
Conducted a ThemeTesting® focus group study in a case in Erie County, New York. The plaintiff claimed asbestos exposure resulting from his work with coke ovens at a steel plant. The ThemeTesting study helped the trial team evaluate how jurors would evaluate causation evidence and the responsibility of other parties who would not be at trial. We also created demonstrative exhibits and animations illustrating the parts and operation of coke oven batteries for use at trial. The ThemeTesting study contributed to a strategically favorable settlement for our client. 
Tobacco Settlement Arbitration- Ohio
Assisted with the development of demonstrative exhibits that helped organize and simplify a large amount of complex information for an arbitration related to the tobacco industry.  The demonstratives helped explain the various actions that state agencies took to enforce rules under a previous settlement.  After a multi-week arbitration hearing, our client received a favorable award from the arbitration panel.
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.
Commercial Dispute: Real Estate Development- Colorado
Conducted a mock trial study and assisted with the development of case themes and jury selection strategies for the defense in a real estate development case in Arapahoe County, Colorado. The case involved a dispute over financing arrangements related to developing several Colorado properties. Following a multi-week trial, the jury awarded one tenth of the damages requested by the plaintiff, which was significantly less than the last settlement demand going into trial and was an important victory for our client.
Breach of Contract Litigation (Food Services Contract)- Florida
Conducted a ThemeTesting® focus group study and developed demonstrative trial presentation materials for the defense in a case pending in federal court in Miami, Florida. The case involved an alleged breach of an agreement between two highly successful food service companies. The focus group study helped the trial team identify strong case themes, as well as to develop strategies for handling case weaknesses. Shortly before trial and following favorable rulings on pending motions for summary judgment that significantly narrowed the plaintiff's claims, the case settled favorably for the defense.
Personal Injury Defense- Indiana
Conducted a ThemeTesting® focus group study for a defendant in consolidated, multi-plaintiff litigation relating to a catastrophic structure failure that resulted in multiple severe injuries and deaths. Also assisted the trial team with theme development, case valuation, demonstrative exhibits, and tracking and analysis of pretrial news publicity. A favorable settlement for our client was reached before trial.
Age Discrimination Suit- Indiana
Conducted a research project for the defendant in an age discrimination case in the Northern District of Indiana. The case involved an insurance company executive who was fired as part of the company downsizing. The plaintiff was seeking back pay, front pay, and liquidated damages. A settlement favorable to our client was reached just before the scheduled jury trial.
False Claims Act and Wrongful Discharge- Indiana
Provided theme development and strategy consultation to the defense in a matter in which a former employee alleged that his termination violated the federal False Claims Act. Specifically, the former employee alleged that he was fired in retaliation for his effort to stop one or more alleged violations of the FCA. We consulted with the defense on themes and arguments likely to resonate with a jury in the Southern District of Indiana, Indianapolis Division, as well as on trial presentation strategies. Summary judgment was granted in our client’s favor shortly before the scheduled trial date.
Wrongful Death Case (Product Liability)- North Carolina
Conducted a jury research project on behalf of the defense in a product liability matter in the Western District of North Carolina. The plaintiffs alleged that the defendant’s product was defective and unreasonably dangerous and caused the death of their family member, who was 18 years old at the time of the incident. The research contributed to an assessment of the risks of taking the case to trial.
Fire Litigation: Wrongful Deaths of Three Children- Alabama
Conducted a ThemeTesting focus group study on behalf of the defense in a fire case that was pending in federal court in Mobile. The case involved a house fire that resulted in the deaths of three children. The plaintiffs alleged that a defect in our client’s product had caused the fire. The focus group research helped the trial team to identify themes that were likely to resonate with jurors and to assess the case risks. The focus group research also provided data used in the development of a juror profile and the development of voir dire questions and strategies. Result: The case settled favorably the evening prior to jury selection.
Wrongful Death Case (Product Liability)- Colorado
Conducted a jury research project on behalf of the defense in a product liability matter in the District of Colorado. The plaintiffs alleged that our client’s product was unreasonably dangerous, had defective warnings, and had caused the death of their family member, who was 23 years old at the time of the incident. The research contributed to case valuation, an assessment of a likely distribution of comparative negligence, and, ultimately, to a strategically favorable settlement for our client.
Agribusiness Technology Licensing Dispute- Indiana
Conducted mock jury research, assisted with jury selection, and developed all demonstrative exhibits for the plaintiff in a jury trial in the Southern District of Indiana. The case involved breach of contract claims relating to a technology licensing agreement and the plaintiff was seeking unpaid royalties. Result: A confidential settlement was reached following the first day of what was scheduled to be a three-week jury trial.
Pesticide Exposure: Child Injury- Pennsylvania
Provided extensive consulting on behalf of the defense in preparation for a jury trial in state court in Philadelphia. The plaintiffs alleged that an insecticide they applied in their home caused their child to develop a seizure disorder. Our efforts included mock trial work, ThemeTesting® focus groups, development of demonstrative exhibits, theme development, and jury selection. A favorable settlement for our client was reached during the jury selection phase of the trial.
Child Brain Injury Case- Florida
Conducted a ThemeTesting® focus group study on behalf of the defense in a product liability case involving a large appliance. The plaintiffs alleged that our client’s product was defective and caused a two-year-old child to suffer a permanent brain injury. The jury research helped the trial team evaluate how a jury would perceive the critical causation issues in the case, which facilitated a valuation of the case and ultimately contributed to a successful settlement.
Equestrian Case (Traumatic Brain Injury)- Florida
Conducted a two-panel, jury simulation study for the defense in a personal injury case that was pending in Florida state court. The plaintiff struck his head on the ground and suffered a severe brain injury after he unsuccessfully attempted to mount a horse owned by the defendants. The jury simulation study assisted the trial team with case valuation and an assessment of the risks associated with proceeding to trial. The case settled favorably for the defense prior to trial.
Fire & Explosion Case (FEMA Trailer)- Mississippi
Conducted a ThemeTesting focus group study on behalf of the defense in a case involving a plaintiff who suffered massive burn injuries and disfigurement as a result of a flash fire in a FEMA trailer. The plaintiffs alleged that our client's product had caused the fire. The jury research helped the trial team evaluate the risks of trial and value the case, ultimately contributing to a successful settlement.
Criminal Bid-Rigging Trial- Kentucky
Provided extensive consulting on behalf of the defense in preparation for a three-week, federal, jury trial in a case involving bids submitted to the Kentucky Transportation Cabinet for highway construction contracts. The United States accused the defendants of conspiracy, bribery, and obstruction of justice. Our efforts included multiple phases of consulting and research, including community attitude surveys, ThemeTesting® focus group studies, development of demonstrative exhibits, theme development, development of a juror profile, and assisting with jury selection. Result: After about eight hours of deliberation, the jury found both defendants not guilty on all counts.
Product Liability Case Involving FEMA Trailer- Louisiana
Conducted a community attitude survey in New Orleans on behalf of the defense in a case involving a serious injury that occurred in a FEMA trailer following Hurricane Katrina. The survey helped the trial team evaluate the importance and prevalence of certain pre-existing beliefs and attitudes within the New Orleans community and assess the potential impact those beliefs and attitudes may have on juror perceptions of key defense arguments.
Business Methods Patent: Jury Trial- Iowa
Assisted the plaintiff, a life insurance company, with a jury trial in federal court in Iowa. The case involved a business methods patent infringement dispute. We conducted ThemeTesting® studies prior to trial, assisted with jury selection, and prepared the demonstrative exhibits used throughout trial. Result: $13.1 million jury verdict in favor of our client.
Products Liability: Wrongful Death- California
Conducted both a ThemeTesting study and a Mock Opening Statement Study on behalf of the defense in a product liability matter in San Jose. The plaintiffs alleged that the defendant’s product was unreasonably dangerous and had caused or substantially contributed to their family member’s death. The background facts of the case involved politically- and socially-charged issues, such as suggestions of drug abuse and racial discrimination.  The studies provided the trial team with key information regarding theme development, risk assessment, case presentation strategies, and jury selection.  Summary judgment was granted in favor of our client after the study and on the eve of the federal jury trial.
Jury Trial in Commercial Litigation- Illinois
Developed a demonstrative timeline for use by the plaintiff in a federal jury trial in the Northern District of Illinois.  The case involved a breach of contract claim.  Result: $2.1 million jury verdict for the plaintiff.
Construction Defect Case- Indiana
Conducted a ThemeTesting® focus group study on behalf of the plaintiff in a construction defect case. The case involved a large residential home builder who brought suit against numerous subcontractors for defective workmanship that resulted in water intrusion problems in a large number of homes. The study provided the trial team with key information about the impact of particular documents and exhibits, as well as the impact of the overall plaintiff and defense themes. The case settled after the study and shortly before trial.
Professional Sports Employment Dispute- New York
Conducted a mock arbitration study on behalf of a professional sports team in an employment dispute with a player. The employment dispute was governed by the terms of a collective bargaining agreement and was subject to an arbitration provision. The study involved presenting briefing, oral arguments, and evidence to a panel of mock arbitrators recruited from across the country for their expertise and experience in sports employment law. The study results helped shape the trial team’s arbitration strategies and assess risks associated with the arbitration. A confidential settlement was reached after the study and shortly before the scheduled arbitration.
Criminal Commodities Fraud Case- Texas
Conducted a multi-day ThemeTesting study in Houston on behalf of the defense. The United States had alleged that several professional commodities traders had entered into an illegal conspiracy to manipulate and corner a particular energy commodities market.  A three-day ThemeTesting® focus group study was conducted, which assisted the trial team with case assessment and the development of case presentation strategies. Based on dispositive motion practice, the case was dismissed after the study and shortly before the scheduled federal jury trial.
RICO Jury Trial - New Jersey
Developed demonstrative exhibits for the defense of RICO, ERISA, and fraud claims in a jury trial in federal court in New Jersey. The case involved an allegation that the defendant had misrepresented the effect of an insurance product. The jury returned a verdict in favor of the defense on all counts.
Criminal Fraud Trial- Florida
Developed demonstrative exhibits for use at trial in the U.S. District Court for the Northern District of Florida.  The matter involved a 24-count fraud indictment.
Business Interruption Litigation- South Carolina
Conducted a ThemeTesting® focus group study and a two-panel mock jury study for the plaintiff in a case pending in federal court in South Carolina. The case involved a significant business interruption claim resulting from the failure of a specialized piece of equipment essential to the operation of the plaintiff’s manufacturing business. The studies helped the trial team to isolate and focus on themes that were likely to resonate with a South Carolina jury. The studies also provided the trial team with important information related to case valuation. The case settled favorably for our client.
E-Brief Submitted to the Supreme Court of Texas- Texas
Developed e-briefs submitted to the Supreme Court of Texas in a wrongful death case.  The e-briefs included links to all case law and record citations, as well as links to videos, illustrations, and animations.
Chemical Exposure Case: Punitive Damages Study- South Carolina
Conducted a six-panel, ThemeTesting® study in a toxic tort case involving an adolescent who alleged he suffered cognitive impairments as a result of a pesticide exposure. The study tested key facts, themes, and arguments relating to the issue of punitive damages. The study provided the trial team with important information regarding key documents and witnesses relating to damages issues. Overall, the study contributed to the client’s case assessment and case valuation.
Champ Car World Series Dispute - Indiana
Conducted a mock bench trial on behalf of the defendant in a dispute relating to drivers’ contracts in the Champ Car World Series. The mock trial was conducted with a panel of retired and former judges and involved the presentation of evidence and testimony for the judges’ review, including witness testimony presented by video. The study allowed the trial team to determine which aspects of a complex commercial dispute were most important to the decisions of a panel of judges. The study also provided the trial team with detailed feedback regarding judicial perceptions of key witnesses. Result: The case settled favorably for the defense prior to trial.
Telephone Survey Regarding Barack Obama and Hillary Clinton- Indiana
Conducted the IndianaViews political poll of 400 Indiana voters regarding the 2008 Democratic Presidential campaign.
Mesothelioma Case - California
Conducted a three-panel, ThemeTesting focus group study in Oakland, California. The plaintiff claimed asbestos exposure resulting from repair work performed on appliances manufactured by our client. The ThemeTesting study revealed which defense themes resonated with mock jurors and also revealed specific challenges likely to be encountered in a jury trial. The ThemeTesting study contributed to case valuation and, ultimately, to a strategically favorable settlement for our client. 
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.
Class Action (Annuities)- Indiana
Conducted mock class certification hearings on behalf of the defendant in a putative class action involving the sale of annuities. The mock hearings were conducted with panels of retired, former, and senior-status state court judges and involved the presentation of briefing, oral argument, evidence, and testimony for the judges’ review, including witness testimony presented by video. The study allowed the trial team to determine which aspects of a complex class certification dispute were most important and persuasive to representative panels of judges from the relevant jurisdiction. The study also allowed the trial team and the client to better assess the risks of a class certification hearing.  Result: The case settled favorably for the defense prior to the class certification hearing.
Biotech Patent Litigation- California
Conducted a six-panel, ThemeTesting® focus group study in San Francisco, California. The case centered on a patent dispute relating to complex technology used in certain medical devices. The case involved numerous and intricate arguments relating to infringement, validity, and damages. The ThemeTesting study assisted the trial team with determining which arguments and themes were likely to resonate with a San Francisco jury and with developing strategies for presenting the complex scientific and factual arguments in a manner that would be both comprehensible and persuasive. The results of the study contributed to the trial team’s decisions to develop particular themes during the remainder of discovery and, ultimately, contributed to the case valuation and the client’s favorable settlement of the matter.
Real Estate Litigation- Nevada
Developed demonstrative exhibits for use in a dispositive hearing in the United States District Court for the District of Nevada.  The matter involved commercial litigation relating to a massive real estate transaction. 
Pesticide Exposure Case- South Carolina
Conducted a three-panel, ThemeTesting focus group study in a toxic tort case involving an adolescent who alleged he suffered cognitive impairments as a result of a pesticide exposure. The study tested core themes and arguments relating to liability issues, including alleged product defect, exposure, dose, and medical causation. The study provided the trial team with important information regarding case themes and jurors’ likely perceptions of the battle of the experts. Overall, the study contributed to the client’s case assessment and the trial team’s trial preparation.   
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.
Criminal Securities Fraud Matter- New York
Conducted a ThemeTesting focus group study in Manhattan in a criminal matter involving allegations of securities fraud.  The results of the study assisted the trial team with identifying persuasive evidence and evaluating the risks associated with trial.  The case was ultimately tried to a jury in the Southern District of New York.
Criminal Tax Fraud Case- Indiana
Assisted with jury selection, witness preparation, and development of demonstrative exhibits in a criminal matter involving allegations of tax fraud, which was tried to a jury in the Southern District of Indiana, Indianapolis Division.
Jury Trial in Retaliation and Sex Discrimination Suit- Indiana
Conducted pre-trial ThemeTesting study, prepared demonstrative exhibits, assisted with jury selection, and monitored trial on behalf of a defendant manufacturer in an employment discrimination jury trial in Federal Court in Indiana.  Result: Defense verdict following 14 hours of jury deliberation. 
Mediation in Commercial Class Action- Illinois
Developed demonstrative exhibits for use in early mediation of a commercial putative class action filed in Illinois state court.
Mediation in Commercial Dispute- Arkansas
Developed demonstrative exhibits for use in early mediation of a commercial dispute filed in Pulaski County, Arkansas.
Product Liability: Child Injury- New York
Conducted a ThemeTesting® focus group study in a case involving a child who was alleged to have been injured by an allegedly defective laundry appliance.
Wrongful Death Fire Litigation: Two Children- Missouri
Conducted a ThemeTesting focus group study in a case involving two children who died in a house fire alleged to have been started by a defective kitchen appliance.
Mock Markman Hearing in Biotech Patent Litigation- California
Conducted a mock Markman hearing in patent litigation pending in the United States District Court for the Northern District of California. The case centered on a patent dispute relating to complex technology used in certain medical devices.  The study involved a panel of former federal judges who reviewed and reacted to Markman briefing and a mock Markman hearing. The study assisted the trial team with preparation of a reply brief and with preparations for the Markman hearing. The trial team ultimately secured very favorable interpretations of the patent claims.
Alleged Illegal Possession of Firearms- Kentucky
Developed juror profile and proposed voir dire questions in a criminal matter involving alleged violations of a federal statute restricting the possession of certain firearms and weapons. 
Criminal Election Fraud- Kentucky
Conducted a mock briefing project in which draft and actual appellate briefs were sent to a panel of former appellate judges in advance of filing with the court.  The appellate judges were surveyed regarding their reactions to the briefing and participated in a moderated conference call to further share their thoughts and opinions regarding the briefs.  The comments of the panel of former judges were evaluated by ThemeVision and by the legal team, with many of the judges' questions and comments being addressed in the briefing that was ultimately filed with the court.  Ultimately, ThemeVision's client prevailed, with the appellate court overturning the decision below. 
Mesothelioma Case Involving Premises Liability- Indiana
Conducted a three panel ThemeTesting® focus group study for the defense in a mesothelioma case. The plaintiff alleged that asbestos located on the premises where he had performed pipefitting work for the defendants had caused his mesothelioma. The ThemeTesting study provided the trial team with important insights into the strengths and weaknesses of their case, particularly with regard to premises liability issues. The case was tried to an Indianapolis jury. The result was a defense verdict in favor of our client.
Commercial Litigation Jury Trial- Florida
Conducted a ThemeTesting® focus group study for the defense in commercial litigation that was pending in Hillsborough County.  The case involved claims for tens of millions of dollars in property damage and business disruption, as well as alleged violations of the Florida Civil Remedies Act.  The ThemeTesting study assisted the trial team with identifying and developing persuasive arguments and evidentiary presentations.  The case was tried to a Hillsborough County jury and the jury returned a defense verdict on all counts. 
Fire & Explosion Jury Trial- Michigan
ThemeVision was engaged by the defense following a significant jury award in a wrongful-death case involving an explosion and a resulting fire. The post-trial juror interviews revealed information important to the trial team regarding the jury’s reaction to specific evidence and the process and analysis the jury employed in determining damages. 
Legislative Presentation- Indiana
Assisted client with developing concise, persuasive themes for testimony to be presented to the state legislature; developed demonstrative exhibits and leave-behind packets to facilitate the communication of complex financial analyses to state legislators.
Chemical Exposure Case- Montana
Conducted a ThemeTesting® focus group study in an alleged chemical exposure case involving multiple plaintiffs.  The focus group research revealed for the trial team specific themes and arguments that did and did not resonate with the focus group participants, allowing the legal team to better prepare for trial.  
Fire & Explosion Litigation (Kitchen Appliance)- Iowa
Conducted a ThemeTesting focus group study in a case involving a residential fire and explosion alleged to have been caused by a defective kitchen appliance.  The explosion caused catastrophic burn injuries to a middle-aged man.  Result:  A confidential settlement was reached prior to the scheduled jury trial.
Insurance Coverage Dispute Involving Pharmaceutical Company- Indiana
Conducted a ThemeTesting® focus group study in a case pending in the Southern District of Indiana. The plaintiff pharmaceutical company claimed that several insurance carriers breached their contract with the pharmaceutical company. The ThemeTesting study helped the trial team evaluate how jurors would perceive the insurance contract and the motives of the parties. The ThemeTesting study contributed to a strategically favorable settlement for our client.  
Insurance Coverage Dispute: Arbitration- Illinois
Conducted a mock arbitration project using a sample of former federal judges as mock arbitrators in an insurance coverage action.  Developed demonstrative exhibits for use at arbitration.
Medical Device Patent Litigation- Indiana
Conducted a three-panel mock jury project on behalf of a defendant pharmaceutical company. 
Patent Trial: Telecommunications Software- Florida
Conducted a ThemeTesting focus group study and developed demonstrative exhibits for use at trial in patent litigation involving telecommunications software.
Fraudulent Misrepresentation & Trademark Infringement- Missouri
Conducted a ThemeTesting focus group study for the defense in commercial litigation involving two large corporations involved in manufacturing life-sciences-related products. The case involved allegations of fraudulent misrepresentation and breach of contract, with counterclaims of trademark infringement. The studies helped the trial team to develop strategies for the presentation of complex information to a jury and also helped the trial team to isolate and focus on themes that were likely to resonate with a St. Louis jury. Finally, the study provided the trial team with important information related to case valuation. The case settled favorably for our client.
Criminal Trade Embargo Matter- District of Columbia
Conducted a ThemeTesting® focus group study in a matter in which multiple criminal defendants were alleged to have knowingly violated a trade embargo.  The focus group data revealed specific themes and arguments that did and did not resonate with the focus group participants and also revealed some of the risks of proceeding to trial, allowing the criminal defense team to better prepare for trial and to better advise their client of the risks of a jury trial. 
Fire & Explosion Case- Texas
Conducted a three-panel jury simulation project in a wrongful death case.  The case was pending in state court in Texas and involved a fatality suffered in a house fire.  The plaintiffs alleged that the defendant's product had caused the fire.  The study assisted the trial team with identifying risks associated with proceeding to trial.
Medical Device: Wrongful Death Case- Pennsylvania
Conducted a ThemeTesting focus group study on behalf of the defense in a case involving the claimed wrongful death of an infant child. The plaintiffs alleged that a medical device used by the child's father was defective, resulting in the father losing consciousness while holding the infant, in turn causing the father to fall upon and smother the infant. The ThemeTesting study allowed the trial team to test approaches to presenting a science-based defense in a case that otherwise involved heartbreaking facts. The study assisted the trial team with case valuation as well as with development of discovery strategies and settlement strategies.
Pesticide Exposure: Multiple Chemical Sensitivity- Florida
Conducted a three-panel mock jury project on behalf of a defendant in a toxic tort action in which the plaintiff claimed, among other things, to be suffering from Multiple Chemical Sensitivity as a result of exposure to the defendant's product.
Pesticide Exposure: Wrongful Death- Texas
Conducted a two-panel jury simulation project for the defense in a wrongful death case.  The plaintiffs alleged that the decedent's death and preceding illnesses were caused by exposure to an over-the-counter pesticide.  The jury simulation study assisted the trial team with testing key causation defenses and determining which arguments and themes were more or less likely to resonate with a Texas jury.
Pesticide Exposure Case- California
Conducted a six-panel jury simulation study for the defense in Los Angeles, California. The plaintiffs claimed that a commercially-applied pesticide was defective and caused their two daughters, an infant and a toddler at the time, to suffer severe neurological injuries. The jury study evaluated two alternative defense themes and assisted the trial team with making key trial strategy decisions. The case was dismissed on motion practice shortly before trial.
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. 
Explosion at a Manufacturing Plant- Michigan
Conducted a jury simulation project in a commercial dispute arising from an explosion at a chemical manufacturing plant.  Result:  Case settled favorably for our client one week into trial. 
Fire Litigation: Wrongful Death- Kansas
Analyzed results of a jury simulation study and developed trial themes and strategies in a case involving fatalities suffered in a house fire.
Fire Litigation Involving Multiple Deaths and Catastrophic Injuries to a Child- Alabama
Conducted community attitude surveys, ThemeTesting focus groups, and a mock jury study on behalf of the defense in a case involving multiple fire deaths and a severely disabled child.  The plaintiffs alleged that our client's product had caused the fire.  The empirical research helped the trial team to evaluate the risks of trial and value the case, ultimately contributing to a successful settlement.
Wrongful Termination- Illinois
Conducted a jury simulation project in Chicago on behalf of the plaintiff in a wrongful termination action filed by a physician against the physician's former employer.
Energy-Related Antitrust Litigation- Ohio
Conducted a mock trial with multiple mock juries on behalf of the plaintiff in a case involving state and federal antitrust claims asserted against a Cleveland energy provider. The mock trial provided the trial team with key information regarding jurors' perceptions of the interplay between antitrust laws, complex contractual provisions giving rise to the claims in the case, and jurors' common-sense notions of competition and fair play. The project assisted the trial team with assessing the merits of the case, with case valuation, and with positioning the case for settlement.
Trade Secret Litigation- Indiana
Conducted a jury simulation project on behalf of the plaintiff in a case involving the theft of trade secrets by the plaintiff's former employee.  The case, which involved energy and utilities, was tried to a jury in the Southern District of Indiana and resulted in what was then the largest jury verdict in Indiana Federal Court history.
   
  > Areas Of Law    
 
Appellate 4 Appellate
Class Action 5 Class Action
Commercial 6 Commercial
Environmental 7 Environmental
Governmental Services 8 Governmental Services
Insurance Coverage 9 Insurance Coverage
Intellectual Property 10 Intellectual Property
Labor & Employment 11 Labor & Employment
Product Liability 12 Product Liability
Personal Injury Defense 35 Personal Injury Defense
Toxic Tort 13 Toxic Tort
White Collar Criminal Defense 14 White Collar Criminal Defense
Areas of Law  
 
 
 
       
 
 
  THEMEVISION NEWS SUMMARIES & ALERTS GRAPHICS PORTFOLIO
 
 
 
  ThemeVision Consultants Co-author Law360 Article on the Science Behind Big Jury Verdicts

ThemeVision Consultants Now Certified in TrialDirector®

Christina Studebaker of ThemeVision presented at the 24th Annual Conference of the Defense Trial Counsel of Indiana (DTCI)

  Peremptory Challenges: A New Rule in Washington

ThemeVision Consultants Co-author Law360 Article on the Science Behind Big Jury Verdicts

Ethical Challenges for Psychology in the Justice System

 
  View More   View More    
           


   
     


 
Litigation Consulting, Courtroom Graphics, and Opinion Research for Businesses, Law Firms and Government.
ThemeVision LLC, 11 South Meridian Street, Indianapolis, IN 46204 317-229-3133
       
© 2017 ThemeVision is a Registered Trademark of Barnes & Thornburg LLP   ThemeVision LLC - Litigation Consulting Mobile | Disclaimer | Site Map