Why Plaintiffs' Counsel Have A Right To Explore Juror Bias About Large Verdicts

In catastrophic injury cases, corporate defendants and insurers follow a familiar playbook, animated by an institutional imperative to minimize financial exposure through controlling risk by altering the pool of available jurors to those who have preconceived ( and inappropriate ) beliefs against awarding money damages. Chapter one in the jury selection playbook of defendants is the filing of pre trial motions in limine to preclude voir dire inquiry by plaintiff's counsel into whether jurors can return fair damage awards in substantial amounts and whether individual jurors come to court with beliefs that conflict with the law and controlling jury charges. Settled California law prohibits this strategy.