Online Jury Research: COVID’s Effect on Juror Perspectives & Damages

How the Pandemic Affects Juror Perspectives
… and how to adjust your litigation strategy accordingly

By conducting a series of nationwide surveys, Magna consultants examined COVID-19’s impact on prospective jurors’ attitudes and beliefs. Let’s look at the facts:

In today’s world, many jurors feel the need to be the “guardians of the community” by forcing companies to change their bad behavior with large damage awards. Litigators and those in the insurance industry refer to these as “reptilian jurors“, who are responsible for the increasing frequency of “nuclear verdicts”.

Factors that drive up verdicts include:

  • Juror Vulnerability, Fear, Volatility, & Polarization
  • Rising Costs & Uncertainty of the Future
  • More Millennials on Juries
  • Bad Testimony or Misidentification of Corporate Representatives
  • Anti-Corporate Bias – “Profits over Safety”
  • Not Setting a Floor or Providing a Low Damages Anchor
  • Not Addressing Key Issues/Themes in Jury Selection/Opening

Our research has shown the below trend in recent juror perspectives:

Now more than ever, it is important to know how juror perspectives changed in your specific venue for your specific case issues.

It’s not a question if the pandemic will affect your cases… it’s a question of how it will affect your cases.

In general, many potential jurors now are more vulnerable – both health-wise and financially – than pre-pandemic, which can make people more plaintiff-friendly. However, depending on the venue, the most vulnerable, most risk-averse (i.e., most plaintiff-friendly) may be less likely to show up for jury duty or to be seated on a jury at present.

Luckily, there are some research tools to answer this question and give you the current data you need to adjust your litigation strategy.

Test Your Damages
with JuryEvaluator

What is your case worth now? JuryEvaluator offers a scientific and statistically significant damages assessment for your ACTUAL CASE from your ACTUAL JURY POOL. This research will consider the effect of COVID-19 and current media climate, to provide insight into your case risk, exposure and value.

  • Research conducted in your case venue using your actual case facts
  • Research captures present-day surrogate juror attitudes and biases
  • Statistical analyses provide a reliable range of potential damages if the case went to a jury trial (economic, non-economic & punitive)
  • Optional Juror Profiling analysis

Online Focus Groups
with JuryConfirm

How has COVID impacted juror perspectives in your venue? Test your themes, storylines, social climate & more with JuryConfirm, Magna’s patented online focus group platform.

  • Evidence analyzer powered by AI
  • Live attorney presentations with limitless capabilities
  • Simulation of court room environment with interactive avatars and live video feed of jurors and attorneys
  • Live (video) juror deliberations with more panels than ever available before
  • Real-time results: Fully-customized questionnaires, polling & presentation feedback
  • Detailed reports featuring case evaluation, theme development, and jury profi­les

Nationwide COVID-19 Study Results

Magna Legal Services conducted a series of nationwide surveys to assess evolving changes and shifts in juror perceptions in this brave new world.

Study includes 5,000 respondents
& 100+ questions about:

  • Technology
  • Finance
  • Law Enforcement
  • Insurance
  • Life Sciences

Learn about our findings:

  • Halo effect
  • Business Interruption Coverage
  • Reptilian Influence
  • Crisis Fatigue
  • Juror Vulnerability

Complete the form to download your FREE copy of Magna’s COVID Study results >>

Contact our 24/7 Hotline for a FREE Case Consultation: 877.220.1821

or, email us at, or fill out our contact form

Magna Legal Services Acquires Kim Tindall & Associates

Magna Legal Services Adds Kim Tindall & Associates to the Greatest One-Stop-Shop for Legal Support Services

Magna Legal Services (Magna LS) and Kim Tindall & Associates (KTA), two ALM award winning court reporting and medical record retrieval industry leaders, announced today the combination of their firms. KTA was founded in 2009 by Kim Tindall. The two companies will combine operations on April 1, 2021.

With more than 500 employees, 3,500 court reporters, 5,000 interpreters and 40 litigation consultants in 20 locations across the U.S., Magna LS and KTA together will be one of the largest litigation support and consulting firms based on both size and services offered.

Both companies are known for providing exceptional service to clients. The combined company is designed for customers — a company with increased capabilities and geographic reach coupled with a commitment to delivering outstanding service. “The combination will create 80 years of industry experience and match strength with strength in both our court reporting and medical record retrieval divisions. Additionally, our KTA clients will now gain access to a wide variety of litigation support and consulting services. I am very excited for our clients, staff and court reporters,” said Kim Tindall, President of KTA.

Tony Vaglica, COO of Magna LS, will be working closely with the KTA team. He added, “The addition of five KTA offices (San Antonio, Austin, Dallas, Houston and New Orleans) along with their team of freelance court reporters will streamline operations throughout Texas and Louisiana.” Magna LS has existing offices in Houston and New Orleans.

Founding Partner and Executive Vice President of Sales at Magna LS, Peter Hecht, added,

“The big winners in this merger are the clients from both Magna LS and KTA. We will be able to increase service levels to our Magna base in Texas while offering new powerful litigation support tools for the existing KTA clientele.”

Both Magna LS and KTA built their businesses to support clients from Discovery to Trial.

Magna Legal Services’ CEO, Mark Williams, is excited about the addition of KTA as well. “We are delighted to welcome the KTA team to the Magna family,” Williams said. “Kim and her team have extensive industry experience and have created one of the fastest growing companies in both the court reporting and record retrieval sector. Their success shows through their highly-positive customer reviews and ratings, as well as their rapid growth over the past few years.”

End-to-End Litigation Support Services:

Trials Open in Philadelphia with New Protocols

In-person trials are back in Philadelphia!

The Philadelphia Court of Common Pleas released new protocols, including on how counsel must present evidence at trial —

Counsel must display all documents and other evidence on a television or projection screen unless otherwise permitted by the presiding trial judge

— Philadelphia Court of Common Pleas

View all new protocols here

Trial Presentation

Whether it’s to a jury or a judge, it is vital to deliver your story to your audience the way they are best able to process it. Strategic use of presentation technology in the courtroom can make all the difference in trial.

  • Presenters who use visuals are more effective and make a better impression

  • Use of visual communication promotes group consensus because it helps members of a group to process and structure information in the same way

  • Visuals shape interpretation and perception of evidence and aid in the decision making process

Believe video evidence presentation technologies help them to understand the witness better

Believe video evidence presentation technologies improve their ability to question witnesses

Believe video evidence presentation technologies help them to understand the testimony better

Courtroom Technology

Magna’s Trial Technicians are the best in the business with significant experience in CCP! Let our Trial Techs take the stress out of your trial technology needs— so you can focus on your case.

We can tailor technology to fit your needs, from a simple presentation you can operate yourself, to a complex staging of video, animation and document enlargements operated by one of our seasoned on-site trial technicians.

Magna consultants use the latest industry leading software and multimedia technology to instantly display all of your trial documents, photos, deposition testimonies, demonstratives and videos etc. We can manipulate the materials in real-time during your presentation to best convey your message:

  • Zooming in on documents and photos to enlarge key text and visual elements
  • Highlighting key sections of documents to further accent key language
  • Annotation display on the presentation screen in various colors, allowing the attorney or witness to interact with the exhibits
  • Synchronized deposition video to text display

An experienced trial presentation consultant is more than a technician. Our staff will become an essential part of your trial team assisting and advising in every aspect of the trial process from the organization of documents to the final story telling through strategic deployment of visuals.

Contact us anytime for FREE consultation and let us help you meet your trial technology needs!

Fill out the contact form below, or call us anytime at 866.624.6221

Court Re-Opening Tracker

Which courts are opening? Closing? What are the new restrictions?

Magna’s litigation consulting team has been tracking the reopening of courts throughout the country.
Stay up to date with the latest court activity by receiving weekly updates from Magna’s free Court Re-Opening Tracker.

COVID-19 Fears and the Juror Experience During This Time

Without question, COVID-19 has overturned familiar patterns in every field including the legal system. When it comes to jury trials, courts around the country are trying to adapt to conduct fair and effective trials while keeping jurors, litigants and court staff safe from infection. As U.S. District Judge Karen Caldwell of Eastern District of Kentucky described her efforts to conduct a COVID-era trial, the process can be “like building an airplane while you’re flying it.” Measures to address COVID safety while resuming jury trials will evolve based on what the courts and litigants learn in the early days, and on the surge and decrease of COVID rates in different venues.

Click here to read the full article, written by Hiliary Remick, Esq., Director & Senior Litigation Consultant of Magna Legal Services

This article was originally published in the Legal Intelligencer on February 16, 2021.

Court Reporting Philadelphia

Court Reporting & Deposition Services — Philadelphia, Pennsylvania

Magna understands that a perfect deposition is the key to any winning case. To assure you every advantage at trial, we invest in the best and most experienced court reporters and arm them with the latest technology. We offer nationwide coverage and 24-hour scheduling, assuring you reliable service at competitive rates.

We offer:

  • Nationwide Internet Scheduling
  • Interactive Internet Depositions
  • Realtime Reporting Services
  • Rough Disks
  • Videoconferencing
  • Conference Rooms
  • Complex Case Management
  • ASCll Disks
  • Condensed Transcripts

Virtual / Zoom Depositions

With Magna LitigationVision (MLV), you can depose a witness from anywhere in the world. MLV provides clients with REAL-TIME video access to depositions, mediations, arbitrations, hearings, meetings and other proceedings. During the COVID crisis, we’re offering our MLV platform for FREE with a Magna court reporter.

  • Schedule a Court Reporter or Interpreter to Join Remotely
  • Connect Using Computers, Tablets or Even Smartphones
  • Display & Annotate Your Exhibits
  • Monitoring & Instant Tech Support
  • Free Platform Training Prior to Proceeding
  • Breakout Rooms (with remote facilitation)
  • Free Custom Virtual Backgrounds
  • Certified Trial Directors/ Exhibit Managers (MLV+)
  • Record Entire Session (mp4 format)
  • Reduced Costs & Time Efficient

Magna’s state-of-the-art video deposition services are complete with digitization and synchronization. Video testimony is one of the most effective tools for witness presentation and impeachment in the courtroom, and also makes your deposition review straightforward and more cost-effective than traditional paper review.

Tech Support for Virtual Legal Proceedings

You can be confident in hosting your event remotely— Magna will test equipment before the session and our tech support will be available from start to finish. The platform is fully encrypted & secure
Help is always just a click away. You could use MLV’s chat feature to ask tech support any questions you have and get immediate help.

Complete Deposition/ Exhibit Management

Magna LitigationVision Plus (MLV+) will provide you with full session management powered by one of Magna’s seasoned trial technicians. Combining years of courtroom tech experience with Magna’s virtual platform, MLV+ managers provide seamless support by:

  • Presenting exhibits, demonstratives and videos
  • Real-time management of annotations, zooming, blow-ups, highlights and markings
  • Creating and managing break-out rooms

Equipment Rental

Don’t have the equipment? No problem! Magna offers a state-of-the-art flight pack system: iPad & stand, bluetooth speaker, conference phone, hotspot & extension cable. We ship these flight packs hundreds of times per year, often to last-minute events.

Custom Virtual Backgrounds

Put your best face forward, no matter where you’re streaming from. Magna’s team of talented designers will create custom virtual backgrounds tailored to your firm’s branding. For FREE. Choose a design, and we’ll customize it with your firm’s logo and colors.

Certified Legal Videography

Certified legal videographers (CLV) are available for all MLV events and have the ability to swear in witnesses.
The videographer will provide you with an official copy of the event, for both on and off record.

Ready to Schedule a Deposition?

You can schedule with us 24/7 online or by contacting us at or 866.624.6221.

The GameStop Stock, Reddit, Robinhood Events Explained

Magna’s expert graphics team focuses on providing clients with demonstratives that effectively communicate technical, financial, medical and other complex information. Our experience, gained from thousands of hours of trial work, allows us to skillfully manage any presentation situation, from a high-stakes trial to a one-day mediation.

Plaintiff Attorneys Often Use ‘Reptile Theory’ to Win Nuclear Trucking Jury Verdicts, Experts Say

In 2009, two prominent trial attorneys introduced a litigation tactic known as the “reptile theory,” a strategy that aims to stoke fear and anger in the minds of jurors and, ultimately, compel them to hand down massive verdicts in civil lawsuits. In trucking accident lawsuits, it’s a method plaintiff lawyers have deployed in pursuit of so-called “nuclear” jury verdicts, those resulting in judgments of $10 million or more against motor carriers.

“In trucking cases, the reptile strategy is almost a given,” Dr. Rachel York Colangelo, Magna’s National Managing Director of Jury Consulting, told Transport Topics. “And it’s been very effective with jurors.”

She added, “There are buzzwords that will be coming in cases that will always be a red flag — words like ‘safety,’ ‘training,’ ‘community,’ ‘accountability.’ They let you know that the plaintiff attorney is headed down the reptile road.”

On that road, they’ll typically examine not just the accident, but also a carrier’s safety profiles and procedures, ranging from driver hiring, training and supervision to truck maintenance and use of motor carrier data.

Click here to read the full Transport Topics article, originally published on 1/19/2021.

The Few Patent Jury Trials In 2020 Led To Enormous Verdicts

The few patent jury trials that were able to take place in 2020 had some of the largest verdicts of the past decade. Magna’s National Managing Director of Jury Consulting, Rachel York Colangelo, Ph.D., spoke with Law360 about the tendency of juries “to slap the defendant in a way that gets their attention” when they believe corporations have intentionally acted unethically.

In her article, published on 12/22/2020, Law360’s Dani Kass wrote:

The COVID-19 pandemic saw patent trial after patent trial delayed and ultimately pushed into 2021, but the few jury trials that did go forward across the nation had some of the largest verdicts of the last decade.

This year featured three jury verdicts that surpassed $500 million, along with a nearly $2 billion judgment from a bench trial. On top of that, Apple paid off a judgment worth nearly a half-billion dollars, and a $752 million verdict against Kite Pharma from 2019 surpassed $1 billion when final judgment was entered in April.

Click here to read the full Law360 article.

Effectively Communicating With Jurors In A Patent Case

Webinar originally aired live on 12.16.2020 covered a great webinar that aired live last week, hosted by Magna Legal Services and Winston & Strawn.

“I felt like I learned more about IP trial strategy in one hour Wednesday from Alan Albright, Tom Melsheimer, Matt Powers and Rachel York Colangelo than I did during the rest of 2020″, reporter, Scott Graham stated.

“Maybe it was Winston & Strawn partner Mike Tomasulo‘s easygoing style of moderating, or maybe it was Tensegrity Law partner Matt Powers‘ tranquil Zoom background. Whatever it was, Winston and Magna Legal Services‘ webinar, “Effectively Communicating With Jurors in a Patent Case,” had the feel of IP trial veterans sharing tricks of the trade over cocktails—with some jury research science thrown in for good measure.”

Click here to read key takeaways in the full article

Moderated by:
– Michael A Tomasulo, Partner, Winston & Strawn

Panelists include:
– Judge Alan D Albright, District Court Judge, Western District of Texas
– Tom Melsheimer, Dallas Managing Partner, Winston & Strawn
– Matt Powers, Partner, Tensegrity Law Group
– Rachel York Colangelo, Ph.D., National Managing Director Jury Consulting, Magna Legal Services

Hosted by:
– Peter Hecht, Partner & Executive Vice President of Sales, Magna Legal Services
– Meredith Cherry, Business Development Manager, Magna Legal Services

Click here to view more upcoming webinars and conferences by Magna