Nuclear Verdicts: Countering Social Influence, Corporate Mistrust, Humanizing Corporate Defendant
Recording of a 90-minute CLE webinar with Q&A
This CLE course will offer trial lawyers concrete strategies and tactics to diffuse potential jury anger in setting damages, provide reasonable alternative damages figures for a defense verdict, and personalizing the corporate defendant to the jury panel.
Outline
- Understanding nuclear verdicts and the kinds of cases that generate them
- Causes of excessive damage awards
- Factors the defense can control
- Other factors
- Legal advertising
- Social inflation and pessimism
- Litigation funding
- Desensitization
- Unfiltered reporting
- Mitigating plaintiff tactics to enhance damages
- Jury consultants
- Personalizing defendant
- Preventing the plaintiff from enraging jury
- Anchoring
- Voir dire screening
- Deposition strategies
- Dealing with more aggressive settlement evaluations and expectations
Benefits
The panel will review these and other highly relevant matters:
- What has changed in the amount of jury verdict awards and why?
- What are the factors that contribute to excessive damage awards?
- How can defense counsel counter "nuclear" verdict awards?
Faculty
Mark A. Behrens
Partner
Shook Hardy & Bacon
Mr. Behrens co-chairs Shook's Washington, D.C.-based Public Policy Practice Group. He has been involved in civil... | Read More
Mr. Behrens co-chairs Shook's Washington, D.C.-based Public Policy Practice Group. He has been involved in civil justice issues, liability law and defense litigation for more than 25 years. A substantial part of Mr. Behrens' practice is working to improve the civil litigation environment through state and federal legislation; in the courts through amicus curiae briefs on behalf of business, civil justice and defense lawyer organizations; through legal scholarship and judicial education; and in the court of public opinion.
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Sharon L. Caffrey
Partner
Duane Morris
Ms. Caffrey concentrates her practice in the areas of mass tort, products liability and toxic tort litigation, with... | Read More
Ms. Caffrey concentrates her practice in the areas of mass tort, products liability and toxic tort litigation, with extensive trial experience in cases in these practice areas. She previously served as the national coordinating counsel for PLIVA, Inc. in its PPA litigation, was one Ford Motor Company's national trial counsel, and served as GM's trial counsel in asbestos litigation.
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Samantha D. Holmes, Ph.D.
Partner
EDGE Litigation Consulting
Dr. Holmes has worked in the field of jury psychology for almost two decades and has worked with clients on hundreds of... | Read More
Dr. Holmes has worked in the field of jury psychology for almost two decades and has worked with clients on hundreds of different cases—including insurance/bad faith, intellectual property, pharmaceutical, amusement/leisure industry, product liability, tobacco, corporate fraud, antitrust, contract disputes, employment, toxic tort, securities, and medical and professional malpractice. She has worked on cases in a wide variety of venues including those in Illinois, New York, Pennsylvania, Florida, Texas, West Virginia, New Hampshire, Vermont, California, and even Alaska. Dr. Holmes has helped attorneys from around the country develop persuasive strategies for both trial and mediation. Her training and experience have made her highly skilled at data collection and interpretation, statistical analysis, and juror profiling and have given her impeccable interpersonal skills. Dr. Holmes has written several published articles and served as a faculty lecturer at many law firms, as well as regional and national conferences including ones sponsored by the American Bar Association and the Defense Research Institute.
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