ThemeVision LLC - Trial Consultants

 
       
 
 
         
     
   

  National Experience

   Midwest Region Representative Experience
 

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.   
Jury Trial in Railroad Injury Case- Illinois
Developed a demonstrative timeline for use by the plaintiff in a jury trial in state court in Illinois. The case involved a 19-year-old railroad conductor who suffered massive injuries to his legs, pelvis, and abdominal area. Result: $33 million jury verdict in favor of our client.
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.
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.
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.
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.
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: 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 Attitudes Toward Jury Duty- Indiana
Conducted the IndianaViews survey of 400 Indiana residents regarding their attitudes toward being summoned for jury duty by an Indiana state court. 
Telephone Survey Regarding Barack Obama and Hillary Clinton- Indiana
Conducted the IndianaViews political poll of 400 Indiana voters regarding the 2008 Democratic Presidential campaign.
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.
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. 
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.
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.
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.
Medical Device Patent Litigation- Indiana
Conducted a three-panel mock jury project on behalf of a defendant pharmaceutical company. 
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.  
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.
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.
Chemical Exposure Case- Iowa
Conducted a three-panel, ThemeTesting® focus group study for the defense. The case involved allegations that a pregnant mother’s exposure to the defendant’s pesticide product caused her child to be born with cerebral palsy and numerous, specific cognitive and neurological deficits. The ThemeTesting study explored jurors’ perceptions of the credibility of the competing experts, as well as other issues. The study provided the trial team with key information regarding the presentation of the expert testimony and the development of trial themes. ThemeVision also developed demonstrative exhibits for use in connection with the expert testimony and developed both a juror profile and voir dire strategy. Summary judgment was granted in favor of the defense just prior to the scheduled jury 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.
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.
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.
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.
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. 
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. 
Professional Liability: Clinical Psychologist- Missouri
Developed demonstrative exhibits for use before a jury in defending a clinical psychologist against professional liability claims.
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.
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.
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.
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.
Premises Liability- Ohio
Assisted with theme development, proposed voir dire questions, jury selection strategies, and demonstrative exhibits for the defense in a premises liablity case in the Southern District of Ohio. The plaintiff had been seriously burned by hot oil while working on machinery located at our client's manufacturing plant. Result: The case settled favorably for our client prior to trial.
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.
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.
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.
   
  National Experience    
 
> Midwest Region 5 Midwest Region
Northeast Region 4 Northeast Region
Southeast Region 1 Southeast Region
Southwest Region 3 Southwest Region
West Region 2 West Region
   
 
 
 
       
 
 
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