Nuclear Verdicts: Where Did They Come From, and Can They Be Stopped?

This presentation will analyze the various factors contributing to the growing increase in nuclear verdicts over the recent years. From shifts in societal perceptions to the dynamics of juror influence, we'll dissect the complex factors fueling these monumental decisions. Explore the role of courts and lawmakers in mitigating their impact on businesses and society at large. For instance, the presentation will discuss the changing societal attitude towards corporate responsibility and the way in which jurors influence one another’s behavior. It will also evaluate the role of the courts and lawmakers in ameliorating the negative impacts of nuclear jury verdicts on business and society. This presentation will open the floor for discussion as the lecturer and participants assess the likelihood that, in light of the foregoing, these explosive verdicts can continue.

At the conclusion of this session, learners will be able to:

• 1. Analyze jury verdict trends over recent years and isolate particular patterns with respect to economic and non-economic damage awards.
• 2. Discuss key contributors to the trends, including a widespread plaintiffs’ counsel shift in strategy to embrace shifting societal attitudes.
• 3. Discuss the current state of appeals to the higher courts requesting the set-aside of nuclear verdicts and evaluate the likelihood that the courts can mitigate the impact of these verdicts.
• 4. Discuss federal and state Legislatures’ role in the civil justice system and consider additional legislative remedies to curb nuclear verdicts going forward.