Litigation Consultant Beats Jury Research Focus Group Wage Suit

A participant in a research focus group failed to show that she and other mock jurors were misclassified as independent contractors rather than employees, in part because the focus group lasted only one day, a federal court in California said.

Magna Legal Services LLC was retained to provide jury consulting services in a personal injury lawsuit to evaluate the effectiveness of trial themes and refine overall litigation strategy. Magna convened a one-day, in-person jury research focus group that included mock trial presentations and questionnaires. It lasted about nine hours.

Plaintiff Naomi Guynn-Neupane was paid $260 for her time. Magna structures its focus groups to prevent an individual from participating on a continuous or repeated basis.

Guynn-Neupane brought a potential class action against Magna and Wilkins Research Services LLC, the company that recruited the participants. She alleged violations of California’s wage and hours laws, including failure to pay overtime.

The U.S. District Court for the Northern District of California on Thursday granted summary judgment to the defendants.

A number of factors support the classification of the mock jurors as independent contractors, the court said. For example, the study lasted only a single day, participants were paid a lump sum, and “Magna did not control the manner and means by which the mock jurors performed their essential role, which was formulating their own opinions,” nor did it control the substance or content of their feedback, the court said.

Similarly the “undisputed evidence establishes that Wilkins did not maintain the necessary control that an employer ordinarily possesses over its employees,” Magistrate Judge Virginia K. DeMarchi said. “Aside from advertising the study and recruiting participants according to Magna’s criteria, Wilkins had no role in planning or conducting the study, including the length of the study or the amount and method of payment.”

Fitzpatrick Spini & Swanston and Diversity Law Group PC represent Guynn-Neupane. Lewis Brisbois Bisgaard Smith LLP and Littler Mendelson PC represent Magna and Wilkins.

The case is Guynn-Neupane v. Magna Legal Servs. LLC, N.D. Cal., No. 5:19-cv-02652, 9/30/21.