Defending Punitive Damages Cases and Preventing Runaway Awards: New Approaches
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss how to give the jury reasons not to award punitive damages even if it ultimately decides the client caused the alleged harm and should compensate the plaintiff. The panel will discuss important pre-trial considerations, legal protections available to the defendant, and crucial decisions to be addressed at trial. The panel will also discuss using Federal Rule of Evidence 407 to counter the plaintiff's perennial "send a message" theme.
Outline
- Finding and telling the defendant's story
- Focusing on the "why" of the defendant's actions
- Countering plaintiff's likely strategies and themes
- Deciding whether to bifurcate
- Strategic use of pretrial motions and objections
- Building the defense with jury selection, jury instructions, and anchoring
- Using appellate and punitive damages experts
- Introducing subsequent remedial measures under FRE 407
Benefits
The panel will review these and other issues:
- Why do motions to dismiss or for summary judgment usually fail?
- How can defense counsel give the jury a reason not to award punitive damages?
- Why must defense counsel, when punitive damages are alleged, think like a plaintiff's lawyer?
- How can anchoring be used effectively?
- How can counsel use FRE 407 to show that punitive damages are unnecessary?
Faculty
Laurie Webb Daniel
Partner
Webb Daniel Friedlander
Ms. Daniel is a partner at the appellate boutique, Webb Daniel Friedlander LLP, based in Atlanta but with a national... | Read More
Ms. Daniel is a partner at the appellate boutique, Webb Daniel Friedlander LLP, based in Atlanta but with a national practice. (Previously, she served as Chair of H&K's National Appellate Team). Ms. Daniel handles motions and appeals--and provides strategic trial support--in federal and state courts nationwide (including the U.S. Supreme Court) in various types of cases ranging from complex litigation (intellectual property, antitrust and unfair competition, securities fraud, corporate opportunity, breach of fiduciary duty, CERCLA, etc.) to torts involving personal injury (product liability, premises liability, wrongful death), other negligence, fraud, and defamation. Ms. Daniel is a generalist with an appellate specialty. Her forte is combining appellate skills with substantive expertise to position high stakes cases for a successful outcome, often working with trial counsel from other firms to do so. Ms. Daniel has served as a commentator for CNN and many CLE programs, and she was named Lawyer of the Year for Appellate Law (Georgia/2017) by Best Lawyers in America.
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Kathryn S. Lehman
Partner
King & Spalding
Ms. Lehman is a member of the Tort Litigation and Environmental Group. She has experience in individual plaintiff... | Read More
Ms. Lehman is a member of the Tort Litigation and Environmental Group. She has experience in individual plaintiff actions as well as mass tort actions. Ms. Lehman has represented a wide range of public entities as well as private entities in the medical, food service and transportation industries.
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