ThemeVision LLC - Trial Consultants
 
       
 
 
         
     
   

  Manufacturing

   Representative Experience

ThemeVision's trial consultants routinely work with large and small manufacturing companies and their counsel in product liability, commercial, employment, and intellectual property litigation across the nation. Among others, our manufacturing clients have included large and small appliance manufacturers, medical device manufacturers, recreational vehicle manufacturers, and chemical manufacturers. ThemeVision’s trial consultants and jury consultants strive to develop a detailed understanding of our manufacturing clients’ businesses and products, which helps enable us to provide efficient and practical consulting solutions as well as strategic litigation advice.

 
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
Products Liability Trial Involving Automobile Accident- Maryland
Developed demonstrative exhibits for the defense for a products liability trial pending in state court in Maryland.  The case involved an allegation that the defendant's product had caused a driver to pass out at the wheel, resulting in a crash that killed a third party. 
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.
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. 
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: 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. 
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.
   
  > Industries    
 
Appliances & Electronics 15 Appliances & Electronics
Chemicals 16 Chemicals
Energy & Utilities 17 Energy & Utilities
Insurance 18 Insurance
Life Sciences 19 Life Sciences
> Manufacturing 32 Manufacturing
Pest Control 20 Pest Control
Software and Technology 21 Software and Technology
Manufacturing  
 
 
 
       
 
 
  THEMEVISION NEWS SUMMARIES & ALERTS GRAPHICS PORTFOLIO
 
 
 
  Amit Patel DTCI Presentation

ThemeVision Welcomes New Team Member: Keith Slyter

ThemeVision Consultants Co-author Article on Leveraging Cognitive Science when Mediating Commercial Cases

  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

 
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Litigation Consulting, Courtroom Graphics, and Opinion Research for Businesses, Law Firms and Government.
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