Read it here.
I think this analysis is spot on. I would add that scientific studies in the field of social psychology have shown that in times of scarcity, people are less likely to react with empathy, and more likely to want to consolidate what they have. So, it will be the losing defendant that lets cases be generally about the misfeasance of business. The winning defendant, I think, will have a strong case along the lines of: everyone’s getting laid off. Times are tough. Especially if liability might put other local folks out of work.
Especially with the new jobs data out today, and some commentators now using the “D” word, sympathy may be in short supply.
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Thanks for linking to my post. Your added point correctly suggests that the way the defense attorney shapes the case can be critical on these attitudinal points — and the current economic situation provides fodder for a good defense lawyer, just as for a good plaintiff’s lawyer. We must also always remember that there is only so much the attorney can do. Juries thinking collectively are smart, and if one side’s case stinks, they smell it!
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