Thursday, April 05, 2018

Reading list: influencing juries in litigation hot spots

Megan M. La Belle, Influencing Juries in Litigation “Hot Spots”: The article argues that litigants and attorneys sometimes use advertising to improperly sway the jury pool, sometimes by making factual claims but sometimes by using image advertising to create favorable background impressions, such as Samsung’s sponsorship of an ice rink in Marshall, in the Eastern District of Texas. La Belle argues that this conduct can violate the right to an impartial jury and thus can be regulated despite the fact that the advertiser’s speech is non-false.  The examples are fascinating.

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