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Defense Strategies Damages Trial Preparation

Holland & Hart - Your Trial Message

Voir Dire on Attitudes Toward Wealth

America’s civil litigation system can sometimes look a little like class warfare. On one side — often, but not always the defense — there will be an organization and a group of individuals who enjoy substantially more wealth...more

Segal McCambridge

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

Holland & Hart - Your Trial Message

Prioritize Safety for Your Gen-Z Jurors

We live in uncertain times, and that is becoming a more obvious observation by the day. From the turmoil in the financial markets to the tumult in the marketplaces of ideas, there is a widely felt lack of security,...more

Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

Marshall Dennehey on

The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more

Goldberg Segalla

Fervent Defense Brings Favorable Outcome in Long-Running Malpractice Case

Goldberg Segalla on

A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for...more

Holland & Hart - Your Trial Message

If It Ain’t Broke, and You Fix It, Take Care with What the Jury Learns About It

The adage, “If it ain’t broke, don’t fix it” carries a special meaning in litigation. It can be one of those classic “damned if you do, damned if you don’t” situations: After an injury or other tortious event, if you fix...more

IMS Legal Strategies

What Is Causing Today’s Massive Verdicts—and What Can We Do About It?

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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

Holland & Hart - Your Trial Message

The Punishment Profile: Know the Situational Triggers

From the time we were kids, most of us swiftly learned what was likely to get us punished: a spanking or — for more recent generations — a time out. Usually, that was brought out by something we did, or by the situation we...more

Holland & Hart - Your Trial Message

Learn What Motivates Punitive Damages

As a legal category, punitive damages are not very common in U.S. civil trials, being available and awarded in just six percent of cases. But in the broader sense of “punitive,” the motivation to punish or to correct behavior...more

Holland & Hart - Your Trial Message

Visualize Damages

“Seeing is believing,” and based on the social science, we tend to apply that adage even when the visual aid does not rationally add to the substantive proof. Visuals makes things easier to call to mind later (which makes...more

Holland & Hart - Your Trial Message

Account for ’the Unpacking Effect’: Sums Are Less than Their Parts

Lawyers are trained to think logically and analytically. So, if a category ABC includes A, B, and C, one would expect the total, ABC, to be the same as A, B, and C measured separately. But it isn’t always. When human...more

Holland & Hart - Your Trial Message

Voir Dire on Admitted Liability

Sometimes as a defendant, you find yourself in the position where you need to admit to at least some part of the plaintiff’s liability claim. The plaintiff really was injured, and there really was a step that was skipped on...more

Holland & Hart - Your Trial Message

Consider This Version of the Reptile: It’s Not Fear, It’s Anger

Defendants in many areas of litigation are likely familiar at this point with the Reptile approach to trying plaintiffs’ cases. A central pillar of the strategy, and its namesake, is the idea that personally-relevant fear...more

Holland & Hart - Your Trial Message

Normalize Your Damages: Five Ways

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

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