The Role of Appellate Mediation in an Era of Thermonuclear Verdicts and Continuing Challenges to Settled Precedent
With the value of stare decisis now open to question, and the potential of significant personal injury matters now unpredictable at best, the value of informed decision-making facilitated by experienced appellate mediators has become increasingly self-evident. It is an alternative to the expense, duration and uncertainty of appellate decisions well worth consideration.
April 22, 2024 at 09:00 AM
8 minute read
Special SectionsWith apologies to Aldous Huxley, personal injury lawyers have entered a "brave new world" in which they confront a largely unprecedented confluence of factors impacting their decision-making and advice to clients. Decades ago, so-called "runaway verdicts" were considered outliers warranting only limited consideration in the assessment of risk. In today's litigation environment, "runaway" has been replaced by consideration of verdicts deemed "nuclear" in excess of $10 million, and "thermonuclear" when they surpass the $100 million level. In the first two months of 2024 alone, Pennsylvania juries awarded $38.5 million based upon the death of two teenage girls; $24.5 million to two women who were the surviving victims of a human trafficking ring; $183 million to the family of an infant who suffered lifelong brain damage during a traumatic birth; and an incredible $2.25 billion to a plaintiff diagnosed with lung cancer allegedly caused by a well-known weed killer.
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