Defending a Company in a Punitive Damages Case: A Comprehensive Approach to Defeating Punitive Damages in Light of Present-day Juror Attitudes

by Peter A. Bicks

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Summary

The prospect of a large punitive damages award is an imminent threat in today's anti-corporate environment and can seriously harm the reputation of any company. Written by successful trial lawyer Peter A. Bicks of Orrick, Herrington & Sutcliffe, who won the biggest defense verdict of 2004- 6 billion dollars - Defending a Company in a Punitive Damages Case describes the key strategic issues in a punitive damages case and how to develop a game plan to defeat punitive damages all together. A "must-read" for general counsel, in-house attorneys, major corporate executives, and trial lawyers, this book is based on real-life cases and trials where punitive damages have been successfully defended. The book provides high-level strategic and practical advise on the most important considerations, such how winning against punitive damages must be part of an overall litigation strategy, the keys to selecting a jury that will not want to punish your client, key recommendations for winning at trial, and how to protect your client's chances to make sure that any runaway verdict will be reversed after trial or on appeal. Table of Introduction Chapter 1: Punitive Damages Are Part of a Bigger Litigation Strategy Chapter 2: Procedural Issues Chapter 3: Jury Selection A. Jury Consultant Should Be Used B. Deselecting the Wrong Jurors is Critical C. Put a Face on the Company D. Confront Sympathy and Anger Substantive Issues A. Jury Instructions B. In Limine Motions The Trial A. Trial Counsel B. Burden of Proof C. The Difference Between Mistakes and Conduct Intended to Harm D. Context E. Putting a Face on the Corporate Defendant F. Punitive Damages Expert Witnesses G. Increasing Your Chances of Reducing a Punitives Finding or Having it Overturned Appendices About the Author

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