Punitive Damages in Commercial Litigation: Pursuing and Defending Claims
Leveraging Pre-trial Motions, Discovery and Trial Strategies, Navigating Constitutional Restraints
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide litigators with guidance on the oftentimes controversial and complex punitive damage claim. Hear from experienced litigators as they discuss techniques in seeking and defending punitive damage claims in commercial litigation.
Outline
- Constitutional standards and constraints
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Pursuing punitive damages awards
- Causes of action
- Surviving dispositive motions
- Surviving appellate review of an award of punitive damages
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Defending punitive damage claims
- Pre-trial dispositive motions
- Leveraging discovery
- Other defense tactics
Benefits
The panel will review these and other key questions:
- What are the bases for a successful punitive damage demand?
- How does the Constitution limit punitive damage claims?
- What pre-trial techniques can be implemented in defending against a claim for punitive damages?
- What should be the focus of discovery when defending a claim that includes a demand for punitive damages?
- Under what circumstances should these issues proceed to the jury?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty

Derek E. Diaz
Partner
Hahn Loeser
Mr. Diaz is co-chair of Hahn Loeser's Appellate Group and is certified by the Ohio State Bar Association as a... | Read More
Mr. Diaz is co-chair of Hahn Loeser's Appellate Group and is certified by the Ohio State Bar Association as a specialist in appellate law. He represents clients at all stages of litigation including pre-suit planning, advocacy, and appellate review. He devotes much of his practice to litigation in federal courts, including class actions, appeals and bankruptcy litigation. Prior to joining Hahn Loeser, Mr. Diaz served as a judge advocate in the U.S. Marine Corps.
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Robert B. Port
Partner
Hahn Loeser
Mr. Port has significant experience in business tort litigation, including breach of contract, tortious interference... | Read More
Mr. Port has significant experience in business tort litigation, including breach of contract, tortious interference with contractual relations, and breach of fiduciary duty. He also represents clients nationally in class action lawsuits. He was part of the Hahn Loeser team that successfully defended the Chicago Title Insurance Company, wiping out a claim for $211 million in punitive damages in Krause v. Chicago Title Ins. Co., No. 0516-CV30246.
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John Zavitsanos
AZA
Mr. Zavitsanos has tried more than 75 cases to verdict involving matters such as financial services, complex... | Read More
Mr. Zavitsanos has tried more than 75 cases to verdict involving matters such as financial services, complex commercial disputes, construction, director and officer liability, and non-compete/trade secret disputes. His extensive litigation experience includes numerous jury trials, bench trials, administrative trials, and oral arguments to the federal and state courts of appeal. He is a frequent lecturer at seminars on trial and litigation techniques in complex cases.
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