After an accident, a plaintiff is diagnosed with a concussion (or another injury), receives minimal treatment, and has low medical expenses. At trial, they seek only non-economic damages, excluding past medical expenses. As the defense attorney, you argue against this, but the court allows it. The plaintiff presents evidence of permanent injuries and life expectancy tables, demanding millions for non-economic damages. Their case hinges on sympathy rather than facts. This tactic, known as untethered damages, can and has persuaded juries in awarding inflated and unfounded damages awards.
by: Dan Huckabay, Court Surety Bond Agency
2/26/2025
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For civil defense attorneys, “bond” is a four-letter word in more ways than one when it comes to appeals, because supersedeas bonds only come into play when something didn’t go right at the trial level. That being said, when a court errors and an appeal is necessary, it’s extremely important to stay enforcement of the erroneous judgment to protect the client’s assets during the appeal.
by: WDTL
2/26/2025
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Alice C. Brown Dolph, Managing Attorney at American Family Insurance and former WDTL Trustee, has been named a Trustee of the American Board of Trial Advocates (ABOTA) Foundation.
by: Bradford G. Moore (Ret.)
2/25/2025
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Almost all civil cases resolve without a trial.[1] As a judicial officer, I saw many cases that clearly could and should have been settled but came back to me after a “failed” mediation. As a litigator, I participated in well over 100 mediations. And as a mediator at JAMS, I often see the same mistakes I made as a practitioner get in the way of successful settlements. If settlement really is the most likely outcome of virtually every case, shouldn’t we put as much (if not more) planning and preparation into a mediation as we do a trial?
