Social Inflation in Insurance Litigation: Mitigation Strategies and Practical Tactics for Defense Counsel

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Insurance
- event Date
Tuesday, April 29, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will offer trial lawyers concrete strategies and tactics to address, diffuse, and mitigate the phenomenon of social inflation and other related factors that lead to jury verdicts that are disproportionate to actual damages.
Faculty

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.

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.

Dr. Colangelo has a doctorate in legal psychology from Florida International University and a B.A. in psychology and sociology from the University of Virginia. Her education involved extensive coursework and research training, specifically in the area of jury decision-making. Dr. Colangelo has over a decade of experience in litigation consulting. She has provided litigation support for a variety of civil and criminal matters across the country in the form of jury research, including focus groups, mock trials, damages assessment studies, and community attitude surveys, as well as other trial preparation strategies such as voir dire consultation, jury selection, witness preparation, shadow juries, and trial monitoring. Dr. Colangelo has consulted on numerous multi-million dollar and high profile cases, including commercial litigation, property and contract disputes, anti-trust, securities, and intellectual property matters, accounting fraud and malpractice, legal and medical malpractice, negligence, personal injury, and product liability. She has a wealth of experience in all aspects of litigation consulting, including pre-trial jury research, case analysis and theme/storyline development, trial strategy, including preparation of opening statements and closing arguments as well as witness preparation and communication training, voir dire and jury selection assistance, in-court assistance via daily trial monitoring or use of a shadow jury, and post-trial juror interviews. Dr. Colangelo is a member of the American Psychology-Law Society, a division of the American Psychological Association, as well as the American Society of Trial Consultants. In addition to conducting scientific research at the intersection of psychology and law and teaching several undergraduate and graduate courses in psychology, she has authored several publications and presented several papers at various research conferences.
Description
Insurers are both alarmed and perplexed by a 15-year trend of increasing "nuclear" and "thermonuclear" verdicts, which has shown no signs of stopping. Injury and damage claims continue to outpace economic inflation. Claims that once resulted in reasonable or nominal jury awards are generating astonishing judgments in the multi-millions.
Are societal factors the primary causes of these large verdicts? Are juries, judges, and mediators desensitized to damages amounts? Do unfiltered reporting of newsworthy injuries, the vilification of corporate defendants, and third-party litigation funding contribute?
Whatever the reasons for the trend in higher verdicts, counsel must recognize these and other factors and prepare to counter with new arguments and tactics. Many traditional defense tactics, such as not mentioning a damages amount, aren't working and are being used against the defense.
Listen as our authoritative panel discusses the concepts behind social inflation of damage judgments and the factors driving nuclear verdicts. The panel will delve into proactive, aggressive, and cooperative approaches to disarm these trends and mitigate runaway verdicts.
Outline
- The kinds of cases that generate excessive verdicts
- Factors the defense can control in a particular matter
- Other factors
- Legal advertising
- Social inflation and pessimism
- Litigation funding
- Desensitization
- Unfiltered reporting
- Combatting plaintiff tactics designed to enhance damages
- Jury consultants
- Data analytics
- Combatting desensitization
- Confronting and soothing anti-corporate attitudes
- Preventing the plaintiff from enraging jury
- Anchoring
- Voir dire screening
- Deposition strategies
Benefits
The panel will review these and other highly relevant matters:
- What is social inflation? Where did the term originate?
- Which industries seem to be most affected?
- Should defendants be more coordinated in their approach?
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