Description
Jury selection is a critical element to winning a bad faith or coverage case. Counsel must uncover jurors with biases against his or her client on key issues, such as liability or damages. Prospective juror attitudes are usually based on their own experiences regarding such things as personal responsibility, what counts as fair or unfair conduct, or even broken promises.
Time-tested jury selection techniques help litigators develop insights into the attitudes of potential jurors and thus identify those they do not want to serve. Ongoing jury science into how jurors decide cases and what attitudes are most impactful builds on those techniques.
Listen as our authoritative panel discusses successful techniques in preparing for voir dire, eliciting potential biases among prospective jurors, and selecting a jury that will be most open to supporting a client's position in bad faith or coverage case.
Presented By
Since 1985, Mr. Gabriel has been a leader in the field of jury research, jury selection and litigation communication with experience in nearly 2,000 trials in both the civil and criminal arenas across the country. CBS News has said that he is “by reputation, one of the best trial consultants in the country.” Mr. Gabriel has assisted counsel in the Aaron Hernandez acquittal as well as the Casey Anthony, O.J. Simpson, Phil Spector, Enron, Whitewater, Kwame Kilpatrick, Heidi Fleiss, and numerous other high-profile civil and criminal matters. Three cases he has participated in have resulted in United States Supreme Court decisions. Mr. Gabriel is the author of Acquittal: An Insider Reveals the Stories and Strategies Behind Today’s Most Infamous Verdicts about his high-profile trial work, which was optioned by Warner Brothers and developed for CBS by Jerry Bruckheimer Productions. He is also the co-author of Jury Selection: Strategy and Science, as well as contributing to Bennett’s Guide to Jury Selection and Trial Dynamics. Mr. Gabriel was a regular columnist for Lawyers USA on trial strategy and has authored numerous articles on litigation communication, social science, and jury research for numerous State Bar Journals and other legal publications including the American Bar Association, the Daily Journal, The Jury Expert, Notre Dame, and Loyola Law Reviews. He has also written feature articles for CNN.com and HLN.com on noteworthy trials and political/social issues.
Mr. Smith is a member of Butler Snow’s Tort, Transportation and Specialized Litigation group. With a background in artificial intelligence studies and private sector security, Mr. Smith enjoys using the analytical skills he has learned to help clients achieve their legal, professional, and business development goals.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, January 20, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Governing law
A. Statutory rules
B. Types of jury selection
II. Jury selection in bad faith cases
A. Claims handling
B. Failure to defend
C. Failure to settle within limits
III. Jury selection in coverage cases
A. Policyholder/assignee as plaintiff
B. Declaratory judgment actions—insurer as plaintiff
IV. Supplemental juror questionnaires
The panel will review these and other crucial issues:
- Are there certain juror "profiles" to avoid in bad faith or coverage cases?
- When might an employee of an insurer be a good juror for policyholders?
Related Courses
Jury Selection in Insurance Litigation: Practical Guidance for Bad Faith and Coverage Cases
Tuesday, January 20, 2026
1:00 p.m. ET./10:00 a.m. PT
Resolving Insurance Coverage in Declaratory Judgment Actions: Considerations for Insurers and Policyholders
Thursday, December 11, 2025
1:00 p.m. ET./10:00 a.m. PT
