The Future of Litigation: Adapting to the Era of Nuclear Verdicts
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In this episode of TortsCenter, hosts Carla Varriale-Barker and Courtney Dunn sit down with Segal McCambridge Shareholder Paul Motz to discuss the escalating trend of nuclear and thermonuclear verdicts—and how defense...more
The numbers are frightening. In recent years, juries have routinely rendered outsized verdicts, a trend attributable in part to social inflation, public sentiment toward corporate defendants, and sophisticated litigation...more
There is a case currently playing out in the Southern District of New York, Major League Baseball Players Inc.,v. Underdog Sports, Inc. There is a common dynamic called out right there in the caption: One side is the “Major...more
As we speak, plaintiff attorneys are leveraging the spread of safetyism—a widespread expectation of 100% safe, 100% of the time—to obtain nuclear verdicts. This is not just another “reptile” strategy that preys on their fear...more
In today’s legal landscape, the defense industry faces the unprecedented challenge of Nuclear Verdicts®. They pose a financial threat to businesses and individuals alike. It is vital for defense attorneys to embrace a...more
What is a Nuclear Verdict®? We have all heard news of juries awarding incomprehensible piles of money in lawsuits where the injuries and the verdict just don’t seem to add up. These cases may leave you scratching your head...more
On May 20, 2024, US District Court Judge Michael W. Fitzgerald rejected a popular over-the-counter eyedrop seller’s bid for a new trial and granted a pricing injunction impacting two large wholesale membership clubs following...more
Question: How did the jury arrive at the decision to award the plaintiff $20 million in damages? Actual Juror #1: We came up with a percentage approach, and that’s what we all discussed. We started with what she was asking...more
IMS Strategy Consultant Dr. Clint Townson delves into jurors’ anti-corporate bias—including how to uncover biases through social media research and counteract them with an impactful company story—as well as ways to avoid...more
IMS Strategy Consultant Dr. Clint Townson discusses the benefits of early case theme development and the factors leading jurors to award massive damages....more
Data compiled by the American Transportation Research Institute shows that lawsuits targeting the trucking industry have increased at an exponential pace, seen in both the volume of cases and the size of verdict awards. When...more
Throughout California and the United States, there is a rising trend of Nuclear Verdicts™, defined as jury verdicts in excess of $10 million or that are wildly disproportionate to the injuries in the case. A new Senate Bill...more
Very few companies doing business in California missed the news recently that a San Francisco jury ordered Tesla, the electric car manufacturer, to pay $137 million to a Black former elevator operator who had worked at the...more
Here is a question for insurers: You are in the business of managing risk, but what have you and your defense counsel done differently in the last decade to manage or stop nuclear verdicts? The risk is real. Jury verdicts...more
The jury was still deliberating over the personal injury case in Showan v. Pressdee, No. 1:16-cv-00468-ODE (N.D. Ga.), when the senior U.S. district judge decided to “get the ball rolling” on an expected motion for damages...more
When civil litigation is being discussed by those outside the courtroom and outside the legal field, what stands out is often the perception, at least, of very high damages. The high-dollar figure being awarded, based on a...more
What is my personal injury case worth? This is the ultimate question for both sides in a lawsuit. It drives almost every important decision...more
At the recent ACC-Socal Double Header Event, Knobbe Martens presented, "CardiAQ - An IP Success Story." ...more
In the long-running legal battle between mobile phone titans Apple and Samsung, the former just received a verdict of $539 million for the latter’s infringement of five design and utility patents. After spending days on the...more
It is well-known at this point that civil trials are giving way to settlements. One of the factors that make settlement the more attractive alternative is that settlement is an uncertainty reduction strategy: The known amount...more