ThemeVision LLC - Trial Consultants

  Class Action

   Representative Experience

The Rule 23 class certification hearing is one of the most critical junctures of a class action defense. The importance of the briefing and oral arguments opposing class certification cannot be overstated. For that reason, ThemeVision's trial consultants carefully recruit a sample of former, and sometimes senior status, state or federal judges to serve as focus groups for class certification briefing and oral arguments. Like mock jurors, the "mock judges" receive key class certification information in a controlled, systematic, and unbiased manner. Their reactions and decisions are then precisely recorded, quantified, analyzed, and reported using appropriate social science methodologies. The result is a telling glimpse into the minds of the judiciary and a chance for the trial team to hone the class certification themes, arguments, and exhibits most likely to resonate with a judge.

Where a class has been certified for trial to a jury, ThemeVision employs a variety of social science methodologies (including focus groups, mock trials, telephone and internet surveys, and other methods) to assist trial teams with developing effective themes, arguments, demonstrative evidence, and jury selection strategies.

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.
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.
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.
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.
  > 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
Class Action  
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