Best Evidence Recent Cases

Defense Verdict in Nursing Home Negligence Case in Bridgeport, West Virginia

Fri, 27 Jun 2008 09:34:26 -0400

Best Evidence congratulates Counsel in securing a defense verdict in a challenging nursing home negligence case brought against a West Virginia nursing home and its staff. Best Evidence conducted theoretical statistical profiling using its National Tracking Database of similar cases with comparable issues to compile a comprehensive profile of favorable defense and adverse plaintiff juror characteristics. This statistical data was used to script voir dire questioning. Additionally, Best Evidence provided in-court jury selection assistance to help counsel obtain the best possible panel and come away with a win.

Defense Verdict in a Multiple Fatality Vehicular Accident in Spokane, WA

Fri, 21 Mar 2008 17:14:59 -0400

Best Evidence provided jury profiling, voir dire, and theme strategy in high-profile motor vehicle accident involving four fatalities. The case received a tremendous amount of local news publicity and the defense was concerned about overcoming negative public opinion in the venue. Best Evidence formulated a strategic approach address these concerns and assisted counsel in developing themes that capitalize on psychological principles of perception and cognitive processing.

Defense Verdict in Multi-Million Dollar Products Liability Case in Broward County

Fri, 21 Mar 2008 17:14:08 -0400

Best Evidence tapped its extensive database of products liability and catastrophic injury (paralysis) mock trials across Florida and conducted a large-scale jury profiling analysis to provide the empirical foundation for jury selection. Best Evidence also provided voir dire and in-court jury selection assistance in this case. This case marks another win for Best Evidence on products liability cases in Broward County. Best Evidence has consulted on multi-million dollar products liability cases in Broward County for both plaintiff and defendant parties.

Defense Verdict in Medical Malpractice Case in Kalamazoo County, Michigan

Tue, 09 Oct 2007 12:06:16 -0400

Best Evidence designed and conducted a serial jury simulation on behalf of a Michigan Hospital to test jury-eligible residents’ reactions to the case fact pattern and provided Jury Selection Assistance. The case involved a highly sympathetic plaintiff—a wife and mother of seven children—who died shortly after giving birth to healthy twins. Plaintiffs alleged that the medical staff negligently administered an epidural, while defense experts asserted that the plaintiff’s demise was caused by an Amniotic Fluid Embolism that was both unpredictable and unpreventable. The jury research successfully identified the key issues in the case as well as jurors’ attitudes, values, and beliefs that were associated with verdict-orientation. Juror profiling, Voir Dire scripting, and thematic strategy played a pivotal role in securing a defense verdict. Best Evidence congratulates the defendant Hospital.

Advantageous Settlement for the Defense in Brain-Damaged Baby Case in Allegheny County, Pennsylvania

Tue, 31 Jul 2007 10:54:07 -0400

Best Evidence conducted two iterative Focus Groups with six distinct deliberation panels to quantify, and attempt to mitigate, exposure to the defendant hospital. The results obtained from the research were used to identify and improve arguments and develop demonstratives as well as providing profiles of favorable and unfavorable jurors. Best Evidence provided full electronic courtroom support and in-court jury selection assistance. During trial, the plaintiffs claimed there were signs of fetal distress that necessitated a timelier C-section, failure to initiate the chain of command and other breaches of the standard of care. The physician and midwife both admitted to errors, but blamed each other. The defendant hospital was legally responsible for both parties and admitted liability. The case was settled during trial for less than the pre-trial demand.

Positive Verdict for the Defense in Brain-Damaged Baby Case in Hillsborough County, Florida

Tue, 31 Jul 2007 10:52:59 -0400

Best Evidence conducted two iterative Mock Trials for the defendant hospital. The jury research identified the most compelling arguments and allowed the trial team to develop these into successful themes that resonated with jurors. Best Evidence created demonstratives and an animation that served to further engrain the arguments and themes in jurors’ memory. The electronic courtroom services provided ensured streamlined, efficient, and effective delivery of the evidence. The plaintiff’s asked the jury for $72 Million--the jury returned a verdict against our client that amounted to less than $1 million, a fraction of the lowest demand.

Best Evidence, Inc. Consults on Trial Involving Complex Digital Copyright/Trademark Infringement and Internet Cyberpiracy

Tue, 19 Jun 2007 10:00:04 -0400

Best Evidence congratulates plaintiff St. Luke’s Cataract and Laser Institute on its win. The jury decided in our client’s favor across-the-board for claims of Copyright Infringement, Trademark Infringement, Cyberpiracy in violation of the Consumer Protection Act, Violation of the Digital Millennium Copyright Act, Conversion claims on both Laserspecialist.com and Lasereyelid.com, Violation of Florida Deceptive and Unfair Trade Practices Act, and Unfair Competition with a Punitive Damages award. Best Evidence provided In-Court Jury Selection and assisted in Electronic Courtroom Technology for the plaintiff St. Luke’s Cataract and Laser Institute in the win at trial.

Important Victory for Global Hotel Chain

Fri, 08 Jun 2007 17:13:51 -0400

Best Evidence conducted a jury simulation for a global luxury hotel chain accused of violation of civil rights, negligence, false imprisonment, and battery. The high-profile plaintiffs, (multi-platinum recording artists and their family members), sued the hotel and three deputies from the local Sheriff’s Office over events that occurred at a New Year’s celebration at the resort. Best Evidence provided thematic strategy, jury profiling, and multi-media presentation support for the defendants, and our clients ultimately prevailed in defending all 34 claims.

Advantageous Settlement for the Defense in Brain Damaged Baby case in Jacksonville, Florida

Thu, 18 Jan 2007 16:10:44 -0500

Best Evidence conducted four iterative jury simulations on behalf of the defendant Hospital to identify and test compelling arguments and themes, as well as the potential exposure. Information gathered during the course of the research exercises was subsequently used to construct a multi-media mediation presentation highlighting jury-eligible citizens’ favorable reactions to defense arguments in the case. Confidential settlement was substantially less than plaintiffs’ “bottom-dollar” pre-trial demand.

Tobacco Case Ruling Overturned

Thu, 18 Jan 2007 16:10:21 -0500

Philip Morris prevailed on the appeal from a $10.1 billion judgment against them in a class action tried under the Illinois Consumer Fraud and Deceptive Business Practices Act. Plaintiffs, consisting of an estimated 1.14 million consumers of Marlboro Lights and Cambridge Lights, won $7.1 billion in compensatory damages plus an additional $3 million in punitive damages, alleging they were deceived into believing these cigarettes delivered less tar and nicotine. Philip Morris sought reversal on several grounds and the judgment was reversed. Best Evidence, Inc. provided document scanning, management, and database support for electronic publishing of the interactive hyperlinked initial, answer and reply briefs.

Best Evidence Retained by Institute of London Underwriters

Thu, 18 Jan 2007 16:09:56 -0500

Best Evidence, Inc. was retained by Underwriters to provide consulting services and state of the art technology, in preparing an interactive, hyperlinked answer brief as well as the initial brief for Appellant as a working tool for counsel. Best Evidence handled the scanning and organization of trial documents, transcripts, and cases in a second appeal by Transamerica Leasing, Inc. after the district court entered judgment in favor of the defendant, Underwriters.

Defense Verdict in Medical Malpractice Case in Alachua County

Thu, 18 Jan 2007 16:09:26 -0500

Best Evidence provided Dell Graham, P.A. with a full set of trial tools enabling the defense to win a medical malpractice case in Alachua County, Florida. Jury research identified key themes which were turned into visual form and presented electronically for maximum juror recall. Lead Attorney, Dale J. Paleschic, stated that he felt the jury selection assistance was the key component in winning this case. The jury selection criteria came from a combination of case specific data and Best Evidence’s proprietary jury selection database. With the creation of an electronic database, the design and production of exhibits, Best Evidence, Inc. was able to assist Mr. Paleschic in presenting a thematically seamless and convincing case. The plaintiff knew he was beaten and as a last ditch effort in closing tried to obtain sympathy for his “low-tech” case approach. Jurors rejected that argument soundly in returning a defense verdict in less than two hours.

Defense Verdict in $50 Million Fraud and Tortious Interference Case

Thu, 18 Jan 2007 16:08:57 -0500

Best Evidence provided Jury Selection Assistance, Opening and Closing Strategy, Graphics, and Electronic Courtroom Presentation for the defense of a business tort case with a $50 million demand. In the six-week trial in Federal Court (Middle District, Tampa Division), the plaintiff claimed our client "destroyed" its business. Best Evidence provided the defense team with a jury selection script and a matrix of juror attitudes that corresponded with prior jury research verdicts. Working in concert with the trial team, Best Evidence consultants designed the winning graphics used in opening, closing and throughout the trial. The Best Evidence team provided a full electronic courtroom presentation to efficiently present the case. The jury needed less than 2 hours to return their verdict for the defense. In addition the jury awarded our client's counter-claim of approximately $1 million. Contact John Eichhorst, Esquire, Howard Rice Nemerovski Canady Falk & Rabkin, (415) 434-1600.

Plaintiff Wins Verdict in Negligence Suit

Thu, 18 Jan 2007 16:08:15 -0500

A Gainesville jury awarded a plaintiff verdict of $450,000 in a negligence case involving allegations of sexual abuse of a disabled woman by a group home employee. Jurors found the Association for Retarded Citizens of Alachua County negligent in returning a man to work after being accused of rape by a resident. Best Evidence, Inc. provided state of the art electronic courtroom assistance and support for presentation of the evidence during trial. Attorney Mark Avera, Esquire, represented the plaintiff in this victory.

Plaintiff Verdict in Wrongful Death Suit

Thu, 18 Jan 2007 16:07:43 -0500

In a case of the death of a father and husband in a multiple car accident, Best Evidence, Inc. provided a fascicle of services including electronic courtroom presentation, video presentations and demonstratives. A $1.7 million verdict against the defendant was awarded to the decedent’s family. Attorney Mark Avera, Esquire, represented the plaintiff.

$4,500,000 Jury Verdict for a Brain Injured Child Versus Property Owner

Thu, 18 Jan 2007 16:07:17 -0500

Best Evidence supported the plaintiff by providing serial jury research in a case of a brain injury to a small child in conservative Indian River County. The serial research protocol allowed the trial team to successfully develop a winning theme against a property owner who had taken down a fence dividing his commercial property and his rental property. Our demonstrative aids helped convey the themes at trial. The jury awarded $4.5 million dollars to the plaintiff.

Defense Verdict in Brain Damaged Baby Case in Orlando, Florida

Thu, 18 Jan 2007 16:06:41 -0500

Best Evidence provided multiple services including serial jury research (multiple focus groups), jury selection advise, a shadow jury during trial, an animation, and full electronic courtroom for trial presentation. With the plaintiffs demanding $40,000,000 the defense team brought the full arsenal of weapons provided by Best Evidence to secure this victory. Defense attorney Richard Schwamm stated “Best Evidence was a critical part of the defense team.” The jury deliberated for 45 minutes before rendering a defense verdict.

Defense Verdict in Major Medical Malpractice Case in Ft. Pierce, Florida

Thu, 18 Jan 2007 16:06:06 -0500

Best Evidence supported the defense by providing a full electronic courtroom for use in a major medical malpractice case. The trial team was able to utilize modern technology to complement and illustrate their case naturally and seamlessly. This complex trial lasted six weeks with the defense coming away with a victory.

Defense Verdict in Medical Malpractice Case in Miami, Florida

Thu, 18 Jan 2007 16:04:02 -0500

Best Evidence supported the defense by providing serial jury research in a medical malpractice case in plaintiff-friendly Dade County. The serial research protocol allowed the trial team to successfully develop a winning theme.

Directed Verdict in Legal Malpractice case in West Palm Beach, Florida

Thu, 18 Jan 2007 16:03:17 -0500

Best Evidence provided jury research, jury selection advice, electronic courtroom and graphics support in major legal malpractice case. This case had claims of racial discrimination which concerned defense counsel as well as a high profile plaintiff. With our help, the trial team was able to formulate strategies to deal with these explosive issues.