How Big Data and Authentic Clients Won a $101 Million Verdict, with John McCabe

"Trust the data." That's the lesson John McCabe took from a six-week trial that ended in a record-setting $101 million jury award for two men seriously injured when a retaining wall collapsed in Hendersonville. John, principal attorney at The Law Offices of John McCabe and a past president of NCAJ, learned mid-trial that he had also won NCAJ's Founders Award. He tells host Amber Nimocks how his team scored jurors using big data analytics, why the jury needed only 35 minutes to decide 16 liability issues, and how his clients' unscripted testimony moved the courtroom to tears. Tune in for the story behind a case John says was "literally like a movie."🎙️ Featured Guest 🎙️Name: John McCabeConnect: LinkedIn💡 Episode Highlights 💡[02:05] A Surprise Call Mid-Trial: Four weeks into a six-week trial and working 21 hours a day, John learned he had won the Founders Award — a complete surprise, since he sat on the nominating committee.[04:33] Beating the Defense Theory: The defense argued the collapse was purely a masonry and construction problem. John's team instead showed the property owner's tenant coordinated, scheduled and supervised the project, and that its profit center manager disregarded recommendations.[06:23] 35 Minutes: The jury decided 16 liability issues and picked a foreman in 35 minutes, filling out the verdict form exactly as suggested in closing and checking gross negligence.[08:23] Moneyball Jury Selection: After seven court days and three jury pools, John's team used empirical studies to build a scorecard and scored jurors against data-driven criteria to decide who to keep and who to excuse.[10:03] From Skeptic to Believer: Former law partner Brian Davis pushed John to trust the data despite his deep skepticism. The other side saw the same studies at mediation and discounted them completely, though the data projected a 90% chance of winning.[12:12] Testimony That Stopped the Courtroom: John's client testified through an interpreter about being buried alive under the wall for an hour, leaving everyone in the courtroom — including the interpreter — in tears. His wife, a kindergarten teacher, had the jury laughing and crying within minutes.[17:57] Four Failed Mediations: John mediated his case four times with three different mediators, including a global mediation the Saturday before trial, and still could not settle.Connect with North Carolina Advocates for Justice☑️ Follow us on X, Facebook, Instagram, and LinkedIn.☑️ Subscribe to Voices of NCAJ on Apple Podcasts or SpotifyVoices of NCAJ features members of the North Carolina Advocates for Justice talking about what it means to be a trial lawyer, what it takes to be great at the practice of law and how being a part of NCAJ enriches their lives and their careers.Members of NCAJ belong to a nonprofit, nonpartisan association of legal professionals dedicated to empowering a strong community of trial lawyers to protect people, prevent injustice and promote fairness. Membership affords many benefits and we’re proud to offer discounts and opportunities thanks to our tremendous community of sponsors and partners. Join today!