Priming the Jury for Trial Success

E. Stratton Horres Jr. | Wilson Elser Moskowitz Edelman & Dicker LLP

Stratton Horres is an accomplished litigator who has more than 40 years of experience behind his practice, which is focused on crisis management and defending clients in catastrophic and high-exposure mass casualty events in virtually all areas. Cases have included mass shootings, commercial, products liability, health care, wildfires, explosions, transportation incidents of all kinds and construction collapse matters. In addition, Stratton frequently is engaged as monitoring counsel on behalf of insurers in these kinds of cases.

Stratton also has experience with insurance agents and brokers professional negligence cases and D&O matters and has represented financial institutions of all kinds. He has taken numerous jury and bench trials to verdict and successfully defended many verdicts on appeal. Stratton’s trial and appellate practice encompasses state and federal courts across Texas and the Southwest Region and throughout the United States.

Clients rely on Stratton’s sound judgment and superior legal skills when faced with a high-exposure, high-visibility incident or lawsuit. He provides advocacy, counsel and support in all phases from incident to resolution and helps in mitigating any potential public relations fallout.

Stratton frequently speaks to local and international audiences on a range of legal topics such as technology, health care and professional negligence, and is the author of numerous articles, including, with partner Karen Bashor, “Defending Billion-Dollar Claims: Nine Best Practices for 10-Figure Losses” for the August 2021 issue of CLM Magazine. He also authored “Fire at Will” published in Texas Business magazine.

Product Liability

Stratton has served as lead counsel in hundreds of product liability cases, many of which have involved complex issues and high exposures. He has successfully represented manufacturers of vehicle components, recreational vehicles and watercraft, and industrial products in lawsuits filed across the country involving allegations of wrongful death or serious injury. He has obtained a number of defense verdicts in cases tried in venues known to be plaintiff-friendly, has handled several appeals, and also has been instrumental in obtaining numerous favorable settlements and dismissals.

Health Care

In the health care industry, Stratton has handled hundreds of managed care and medical malpractice cases representing hospitals; doctors, nurses and other medical professionals; long-term care facilities; and managed care, home health and medical products companies. He has tried many such cases to verdict or directed verdict across the State of Texas. In addition, Stratton has received many dismissals and summary judgments, including several involving a highly controversial procedure known as an autologous bone marrow transplant. At the time, these decisions were among the few to come down in favor of the managed care industry on bone marrow transplants and ERISA preemption. Stratton also has had extensive experience with regard to ERISA, life, health and disability issues.

Commercial Litigation

Stratton has practiced in the area of complex commercial litigation throughout his career. Specific issues and claims Stratton has litigated for clients include deceptive trade practices, theft of trade secrets, technology contract disputes, libel and slander, aviation transactions, commercial fraud, banking and financial matters, securities fraud, shareholders derivative, professional malpractice, directors and officers liability, personal injury, environmental and toxic tort, and oil and gas matters. In addition, Stratton has handled insurance agents and brokers professional negligence cases and D&O matters, and has represented financial institutions of all kinds.

Earlier in his career while practicing at Gardere & Wynne, Stratton handled high-profile, high-exposure intellectual property and commercial cases for growing software development companies as well as multinational corporations.

I. What is a Priming? | 2:00pm – 2:10pm

II. How Plaintiff Attorneys use Priming at Voir Dire | 2:10pm – 2:20pm

III. How Priming can be Employed as a Defense Tactic | 2:20pm – 2:30pm

IV. Priming for the “Good Company” | 2:30pm – 2:40pm

V. How to Choose Priming Concepts and Messages | 2:40pm – 2:50pm

VI. Anti-Corporate Bias Scale | 2:50pm – 3:00pm

Break | 3:00pm – 3:10pm

VII. Trends and Predictors in Jury Selection | 3:10pm – 3:25pm

VIII. How to Prevent Headline Verdicts | 3:25pm – 3:40pm