Bicycle helmets were first used in the 1880’s, however those early designs were quite different from the vast spectrum of products currently on the market. While the early designs were of the kind that allowed one to fold up the helmet and put it in his back pocket, the modern helmets are much more sophisticated in their design and performance. Although the designs have changed significantly, there has been little change in the bicycle helmet standards used to evaluate the performance of helmets.

Thomas Jefferson stated that anyone who takes away the right to trial by jury is an “enemy of the state”. Apparently, there are a lot of enemies of the state these days. Almost all consumer finance companies have arbitration agreements buried in their loan documents. Most of the time these clauses are hidden in the fine print of their lengthy documents. Even though the consumers don’t see the arbitration agreements, they are bound by them if they sign the loan documents.

There has been a marked increase in tort litigation filed both in Federal and State Courts by corporations and other business entities. The types of claims that are being litigated still include, to a limited extent, actions brought under the Federal Antitrust Statutes and other similar federal laws. We are seeing a significant increase, however, in the utilization of state law claims such as interference with business relations or contractual rights, business fraud, and the like. These claims are usually filed in separate lawsuits in State Court, but may also be included in federal actions as pendent state claims.

Over the last decade nursing homes, and to a lesser extent assisted living facilities, have become common and often easily preyed upon targets for litigation. Quite frankly, the plaintiff’s bar was initially very reluctant to invest both the time and resources (especially the money) necessary to aggressively pursue long-term care related litigation. An historical bias that devalued the life of elderly citizens created the false impression that jurors would not award substantial verdicts in litigation involving aged individuals. This callous viewpoint has proven to be a great misconception.

All of us have participated in a lawsuit where the amount of the jury's verdict did not measure up to our pretrial evaluation. Needless to say, a result of this sort can come as quite a shock. It is hard to explain this type result to a client who has turned down a substantial settlement offer. In every such case, there is a valid reason for the jury's verdict. The manner in which a case is presented to the jury generally determines whether or not the jurors will meet or exceed your expectations. In every case where the jury's verdict is in the $1,000,000.00 plus range, all jurors must have been properly motivated in that direction. Large verdicts don't just happen. Neither do bad results. We will now explore the conditioning of a jury to return a substantial verdict in a proper case.