Description
A jury may award punitive damages when the defendant's conduct meets some heightened standard of culpability, which varies--at least in wording--from state to state. Phrases like "conscious disregard," "willful and wanton," "reckless indifference," and the like appear in statutes or judicial decisions, but only real-world experience can help give meaning to these phrases.
Proving or defeating punitive damages requires three victories: winning the initial phase of the trial, winning the punitive damages phase of the trial, and challenging or defending the outcome in post-trial motions and on appeal. Winning at trial--either as plaintiff or defendant--requires knowing what evidence is admissible and persuasive. The legal and tactical questions play out against the backdrop of constitutional limitations on punitive damages.
A victory, of course, is not a victory unless it can be collected. Counsel should consider whether a finding of intent will mean that insurance will not cover the award. Further, many statutory schemes require at least some portion of the damages to go to the state, not the plaintiff.
Listen as our seasoned panel speaks to issues concerning plaintiffs and defendants and provides vital knowledge as to how to prove and uphold the client's desired result.
Presented By
Mr. Chesin is a partner in the Supreme Court & Appellate practice in Mayer Brown's New York office. He handles appeals in state and federal courts throughout the country, and he regularly partners with trial lawyers at Mayer Brown and at other firms to develop legal strategies applicable to all phases of litigation: pre-trial, trial, post-trial, and appeal. Scott has experience litigating a wide variety of substantive legal issues; his particular areas of interest are product liability defense, punitive damages, and criminal defense. According to Legal 500, Scott is an "appellate specialist" who comes "highly recommended" by clients. In 2014, he was appointed by the Second Circuit to its Criminal Justice Act panel, through which he accepts court appointments to represent indigent criminal defendants on appeal.
Mr. Tager is a member of the firm’s Supreme Court & Appellate and Class Action practices, recognized by Benchmark Litigation as a National Litigation Star and identified by Chambers USA and Legal 500 as one of America’s leading appellate lawyers for multiple years running. He has been integrally involved in a range of issues of paramount importance to the business community, including punitive damages, class-certification standards, admissibility of expert testimony, and enforceability of arbitration agreements. Mr. Tager also has handled dozens of cases involving claims against railroads arising out of workplace injuries, grade crossing accidents, derailments, and injuries to trespassers.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, June 25, 2019
- schedule
1:00 PM E.T.
- Standard to recover punitive damages
- Intentional/wilfull/malicious
- Recklessness/indifference
- Procedural issues
- Timing for discovery
- Bifurcation
- Collection
- Insurance
- Payment to state
- Constitutionality
- Appeals
The panel will review these and other topics on the subject:
- Understanding similarities and differences in state punitive damages statutes and common law
- Tactical issues, such as whether to seek bifurcation, whether to introduce evidence of other penalties the defendant has paid for the same conduct, whether to raise an advice-of-counsel defense, etc.
- Evidentiary issues
- Making and preserving the record for appeal
- Appreciation of collection issues, particularly insurance
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