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what's your evidence for this assertion? I don't have anything to back up the opposing view other than my own anecdotal impression...

Equally anecdotal on my part, I'm afraid. There's an alarming lack of quantitative analysis in scholarly legal articles, so a quick search didn't give me anything to prove or disprove our positions. I don't even practice anymore and so don't have direct knowledge.

But I do know that juries have been considered the unpredictable wildcard since long before I went to law school in the early 1990s, especially in high-dollar civil cases on product liability claims. I'd imagine with data analytics, the jury selection process has gotten a lot more scientific, but all of my friends are transactional lawyers rather than litigators so I can't get even a secondhand impression.

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