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

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, April 29, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, April 4, 2025

or call 1-800-926-7926

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.

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.

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Outline

  1. The kinds of cases that generate excessive verdicts
  2. Factors the defense can control in a particular matter
  3. Other factors
    1. Legal advertising
    2. Social inflation and pessimism
    3. Litigation funding
    4. Desensitization
    5. Unfiltered reporting
  4. Combatting plaintiff tactics designed to enhance damages
    1. Jury consultants
    2. Data analytics
    3. Combatting desensitization
    4. Confronting and soothing anti-corporate attitudes
    5. Preventing the plaintiff from enraging jury
    6. Anchoring
    7. Voir dire screening
    8. 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?

Faculty

Behrens, Mark
Mark A. Behrens

Partner
Shook Hardy & Bacon

Mr. Behrens co-chairs Shook's Washington, D.C.-based Public Policy Practice Group. He has been involved in civil...  |  Read More

Caffrey, Sharon
Sharon L. Caffrey

Partner
Duane Morris

Ms. Caffrey concentrates her practice in the areas of mass tort, products liability and toxic tort litigation, with...  |  Read More

Colangelo, Rachel
Dr. Rachel York Colangelo, Ph.D.

Strategic Director of Jury Consulting
Magna Legal Services

Dr. Colangelo has a doctorate in legal psychology from Florida International University and a B.A. in psychology...  |  Read More

Attend on April 29

Early Discount (through 04/04/25)

Cannot Attend April 29?

Early Discount (through 04/04/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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