Corporate Personhood & Public Opinion

Corporate personhood is the most widely known legal fiction, and the most likely to trigger strong opinions.  In jury selections that we’ve conducted, most potential jurors appear willing to treat a corporation the same as individuals. 

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In Their Own Words: Jurors’ Opinions of “Collective Knowledge”

After asking jurors about their understanding of, and agreement with, the Collective Knowledge jury instruction, we asked them to explain, in their own words, what the instruction meant to them.  The instruction read as follows: The knowledge obtained by corporate employees acting within the scope of their employment is imputed to the corporation. Accordingly, if […]

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Respondeat Superior & Public Opinion

Are jurors reluctant to hold corporations responsible for the negligent and criminal acts of its employees? Judges are sometimes surprised by the biased opinions that jurors have. For example, we were working for the plaintiff in a case where an employer was being sued for the alleged negligent acts of an employee. One of the voir […]

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