Federal Court Precludes Anchoring in Voir Dire and Opening Statements
In Patrick W. Dennis v. Air and Liquid Systems Corporation, et.al., Case No. 2:19-cv-09343-GW-KS, United States District Court for the Central District of California, Hugo Parker, LLP filed various Motions In Limine, including #10, TO PRECLUDE REFERENCE TO TENS OF MILLIONS (OR MORE) OR SPECIFIED DAMAGES AMOUNTS. As supporting exhibits, we attached our articles, “The Big Problem With Mini-Openings” and “Voir Dire for Dollars.” On September 15, 2023, the Court issued the following tentative ruling:
Initially, as to voir dire, the Court agrees that referencing that “tens of millions of dollars” are potentially at stake risks prejudicing the jury by anchoring them to such sums. Likewise, as an opening statement is simply to orient the jury as to what the expected evidence will be, a reference to tens of millions of dollars is argumentative and will not be permitted. The Court is therefore inclined to grant Defendants’ request as to the voir dire and opening statement.
That tentative ruling became the order of the court after oral argument on September 18, 2023.
The psychological effects of anchoring are real and prejudicial, and counsel must be proactive in precluding such tactics.
