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Segal McCambridge Shareholder Alice Sacks Johnston offers a strategic approach to nuclear verdicts in her latest Bloomberg Law article. In recent years, personal injury and product liability cases have seen verdicts balloon into the billions, with the term "nuclear verdict" typically referring to awards exceeding $10 million. As these high-stakes cases gain attention, defendants face an increasing need to navigate the risks associated with such monumental damages. However, the media often only highlights when a nuclear verdict is handed down, leaving the public unaware of the significant instances when these verdicts are reduced or reversed.
She notes, "Recognizing the peril is only the first step in managing the risk." Defendants should adopt a proactive strategy to identify warning signs of nuclear verdicts, such as challenging fact scenarios or unfavorable trial venues. Once identified, these cases should be prepared for trial, settlement, and appeal simultaneously. Early involvement of jury consultants and mock trials can refine strategies, while early communication with internal stakeholders can facilitate timely settlement decisions.
Planning for an appeal is equally crucial. Engaging appellate counsel well before trial can help preserve the record for appeal and craft strategies to minimize the risk of a nuclear verdict. By preparing for trial, settlement, and appeal from the outset, defendants can better manage high-risk cases and position themselves for a successful resolution. Read the full article here!
