Abstract

http://ssrn.com/abstract=1963632
 
 

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Damage Anchors on Real Juries


Shari Seidman Diamond


Northwestern University, School of Law & American Bar Foundation

Mary R. Rose


University of Texas at Austin - Department of Sociology

Beth Murphy


American Bar Foundation

John B. Meixner


Northwestern University - School of Law; Northwestern University - Department of Psychology

December 2011

Journal of Empirical Legal Studies, Vol. 8, pp. 148-178, 2011

Abstract:     
Experiments reveal anchoring as a powerful force, even when participants see the anchor as irrelevant. Here, we examine the reactions of real deliberating jurors to attorney damage requests and concessions in 31 cases involving 33 plaintiffs in which the jury awarded damages. Jurors were critical consumers of attorney suggestions. They reacted more negatively to, and were less influenced by, plaintiff ad damnums for pain and suffering than to damage requests in categories grounded in more objective evidence. Deliberations revealed that jurors often perceive plaintiff ad damnums not only as irrelevant, but also as outrageous, impressions reflected in their verdicts. These findings suggest that extreme plaintiff ad damnums, including those without grounding in quantitative evidence from trial, may not exert substantial undue influence.

Number of Pages in PDF File: 31

Accepted Paper Series





Date posted: November 23, 2011  

Suggested Citation

Diamond, Shari Seidman and Rose, Mary R. and Murphy, Beth and Meixner, John B., Damage Anchors on Real Juries (December 2011). Journal of Empirical Legal Studies, Vol. 8, pp. 148-178, 2011. Available at SSRN: http://ssrn.com/abstract=1963632 or http://dx.doi.org/10.1111/j.1740-1461.2011.01232.x

Contact Information

Shari Seidman Diamond (Contact Author)
Northwestern University, School of Law & American Bar Foundation ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
312-503-2040 (Phone)
Mary R. Rose
University of Texas at Austin - Department of Sociology ( email )
Austin, TX 78712
United States
512-232-6336 (Phone)
Beth Murphy
American Bar Foundation ( email )
750 N. Lake Shore Drive
Chicago, IL 60611
United States
John B. Meixner
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
Northwestern University - Department of Psychology
Evanston, IL
United States
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