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Segal McCambridge

The Future of Litigation: Adapting to the Era of Nuclear Verdicts

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In this episode of TortsCenter, hosts Carla Varriale-Barker and Courtney Dunn sit down with Segal McCambridge Shareholder Paul Motz to discuss the escalating trend of nuclear and thermonuclear verdicts—and how defense...more

Holland & Hart - Your Trial Message

Leverage the “Implied Precision Effect” on Damages

I remember a recent mock trial where a jury reached the point of considering damages, and one juror threw out a number to start the discussion: “Let’s just say five million.” When another juror challenged the basis for that,...more

IMS Legal Strategies

What Is Causing Today’s Massive Verdicts—and What Can We Do About It?

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Data compiled by the American Transportation Research Institute shows that lawsuits targeting the trucking industry have increased at an exponential pace, seen in both the volume of cases and the size of verdict awards. When...more

Holland & Hart - Your Trial Message

The Punishment Profile: Know the Situational Triggers

From the time we were kids, most of us swiftly learned what was likely to get us punished: a spanking or — for more recent generations — a time out. Usually, that was brought out by something we did, or by the situation we...more

Holland & Hart - Your Trial Message

Learn What Motivates Punitive Damages

As a legal category, punitive damages are not very common in U.S. civil trials, being available and awarded in just six percent of cases. But in the broader sense of “punitive,” the motivation to punish or to correct behavior...more

Holland & Hart - Your Trial Message

Visualize Damages

“Seeing is believing,” and based on the social science, we tend to apply that adage even when the visual aid does not rationally add to the substantive proof. Visuals makes things easier to call to mind later (which makes...more

Holland & Hart - Your Trial Message

Account for ’the Unpacking Effect’: Sums Are Less than Their Parts

Lawyers are trained to think logically and analytically. So, if a category ABC includes A, B, and C, one would expect the total, ABC, to be the same as A, B, and C measured separately. But it isn’t always. When human...more

Holland & Hart - Your Trial Message

Voir Dire on Admitted Liability

Sometimes as a defendant, you find yourself in the position where you need to admit to at least some part of the plaintiff’s liability claim. The plaintiff really was injured, and there really was a step that was skipped on...more

Holland & Hart - Your Trial Message

Understand Anti-Corporate Bias: The Extent of the Bias and the Effect of Familiarity

It is well known that some people have it in for corporations, especially when these large companies find themselves on the defense side in a courtroom. Our own research has shown that a negative attitude is very common, with...more

Holland & Hart - Your Trial Message

Damages: Know Your Anchor

For plaintiffs, the topic of monetary damages can be a bit of a mystery. In making the request to a jury, the appropriately named ad damnum, the question is: How much? Obviously, more is better, but common sense and...more

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