BarbriSFCourseDetails

Course Details

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

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

    1. The kinds of cases that generate excessive verdicts
    2. Factors the defense can control in a particular matter
    3. Other factors
      • Legal advertising
      • Social inflation and pessimism
      • Litigation funding
      • Desensitization
      • Unfiltered reporting
    4. 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?