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A major thrust of our work is the
application of social science research methods to provide reliable answers to
questions of fact that arise in legal and administrative settings and, when
necessary, to provide expert testimony.
Legal Uses of Social Science ResearchSocial science has several uses in terms of legal and administrative settings. Some of these are related to the facts of a case while others are more relevant to trial strategy or jury selection. We have focused our work on research and analysis related to the facts of a case. These kinds of issues include the following topics:
Below is a description each of these topics and some pertinent experiences
The
pervasiveness of a condition
One of the most straightforward uses of surveys in legal settings is to establish the pervasiveness of an issue. For example, in one case attorneys believed a manufacturing defect was causing a particular automobile model to require an inordinately high number of brake repairs. We identified a representative population of people who owned or leased this vehicle and surveyed them about the frequency and cost of brake repairs required for their vehicle. We then compared our findings to repairs required for similar vehicles and were able to establish that, indeed, this auto had far more repairs than other vehicles in its class. Evaluation of existing dataSometimes data already exists that may be either ignored or misunderstood. In one instance we re-analyzed archival data for Excel Communications, a long distance carrier, as part of a hearing before the Texas Public Utility Commission. The commission assumed that an increase in reported instances of slamming indicated Excel was doing a poor job on this critical measure. Our analysis demonstrated, to the satisfaction of the commission, that the apparent increase was due to a change in reporting requirements and that, relative to the competition, Excel was performing exceptionally. At the end of the hearing Excel was cited by the commission for the quality of their procedures to prevent slamming. Damage ValuationMuch of our work has been in the area of damage valuation. For example, in a condemnation proceeding between operators of several major malls and the Texas Department of Transportation we conducted an innovative piece of research for the TXDOT and the Attorney General’s office. The research tested several of the claims made by the mall operators concerning the amount of damages they would suffer as a result of diminished parking space and highway construction. We videotaped license plates to identify mall customers, conducted telephone surveys, and used statistical methodologies to assess the changes in customer behavior resulting from the state’s actions. In one instance, involving the effect of reduced visibility to traffic, we looked at signage remedies that would ameliorate any damages related to this issue. In this manner, we empirically arrived at damage valuations significantly less than those claimed by the mall operators. The existence and impact of “stigma”We have conducted a number of studies related to the existence and impact of “stigma” on property values. For example, we worked with Hoescht Celenese, which was being sued for diminished property values associated with a remaining stigma of having had polybutelene pipe installed, even though the defendant had paid for its replacement. We have worked with a number of groups in evaluating diminished real property values resulting from environmental contamination and diminished automobile value resulting from a history of repaired damage from accidents. Public consultationWe have done quite a bit of work involving public consultation. In one set of projects, we worked with eight electric utilities that were required by the Texas Public Utility Commission to consult with the public about meeting future electric needs. There was a high probability the results of this effort would be litigated if the interests groups that might intervene did not like the findings. Working with a former Chairman of the Public Utility Commission, we introduced an innovative method of collecting informed public opinion that allowed all sides to present their perspective. The results were embraced by the utilities and lauded by participants, including special interest groups, and resulted in minimum intervention by outside parties. Existence of deceptive trade practices or trademark confusionThere are two issues to be established; is confusion actually created and have damages been incurred. Both issues can be tested empirically through social science research. The courts have established standards in terms of the appropriateness of the population, the phrasing of questions, and the stimuli used in this kind of research. Often in such cases each side may present competing studies and it is up to the court to decide which one best represents the extent to which confusion or deception exists. We have made presentations on the use of social science research in trademark confusion and deceptive trade practice cases. Case StudiesTexas Department of Transportation
Problem:
The department was involved in condemnation proceedings against a number of
large malls regarding the amount of compensation to be paid for taking a
relatively small number of parking places from each mall. At the time, the
courts had held that, if any part of an enterprise’s property was
taken for highway expansion, that enterprise could seek reparations, not only
for the actual property taken, but also for any damage the enterprise might
suffer because of the expansion. The malls claimed they
would suffer substantial losses of business as a result of the
condemnations and were asking for very large settlements. Solution: We determined that the justification of the claims made by the malls could be tested empirically. We designed a study in which we identified actual mall users and their means of access to the mall by videotaping license plates and cross-referencing them to the Department of Transportation license database. We then surveyed them about issues related to the mall owners’ claims. The survey included questions about issues such as traffic patterns and how they learned about the mall. We also designed an experiment to test the impact of motorists being able to see the mall from the highway. In one instance, we proposed a signage allowance to mitigate the perceived damage from reduced visibility. Results: The research results allowed us to empirically disprove elements used in justifying the mall owners’ claims. The results were successfully used in negotiating damages in the condemnation proceedings. One settlement was made for one-third of the original demand. Partial Client ListReich
& Binstock, Houston, TX
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