The Issue
Kroll was selected to investigate possible juror misconduct during a federal civil lawsuit trial in which a multi-billion dollar judgment was entered against the client.
Kroll Solution
Using Kroll’s proprietary juror intelligence tools and methodology, we found evidence of potential juror misconduct. This misconduct included public social media posts about the trial before the verdict (including commentary biased against our client) and evidence of the same juror conducting outside research beyond what was presented at trial and deliberating outside the courtroom. Kroll’s juror intelligence findings served as the basis for the client to file a motion for a new trial.
Following this successful post-trial investigation, the client asked us to conduct research for a new trial, before jury selection, to discern whether any potential jurors had expressed biases in the public domain. Although jury consultants often assist counsel with voir dire, they do not have Kroll’s tools or resources to conduct broad-based juror research involving comprehensive public records and social media.
During subsequent trials for the same client, we performed juror intelligence research and identified a handful of jurors whose behaviors and/or statements in the public record indicated some bias against our client. The client used this information during each trial’s voir dire to ask more pertinent questions, strike some jurors for cause and more effectively use their peremptory strikes. This contributed to our client achieving successful outcomes at both trials.
For more information, contact our Forensic Investigations and Intelligence team.