ALFA International Publications

Are extreme jury awards – known as “nuclear verdicts” – the new normal? From 2015 to 2019, the average verdict in the National Law Journal’s Top 100 Verdicts more than tripled from $64 million to $214 million. (National Law Journal’s 2015 and 2019 editions of the Top 100 Verdicts studies). These socially inflated verdicts are creating challenges for the insurance industry, making it difficult to u…

Running with the Bulls Running with the Bulls: How to Win Top-Dollar Settlements is the title of the 2018 book by nationally recognized plaintiff's attorney, Nicholas Rowley.  Attorney Rowley's websites, nicholasrowley.com and tl4j.com (Trial Lawyers for Justice), state that Attorney Rowley has achieved over $2 billion in verdicts and settlements for his clients, including: $131 million against…

On a busy interstate in the American Northeast, a snow squall descended upon unsuspecting drivers going about their day.  While snow in that area is not uncommon, many drivers appeared deceived by the density of the storm and low visibility, leading to a pileup of dozens of vehicles that careened into each other, unable to stop in time to avoid the collision.  At least three people were killed and…

An Introduction to the Future Jury Pool Generations are defined not only by the time period in which their members were born, but also by characteristic traits of those members. Although the boundaries vary, Millennials are typically defined as having been born between 1981 and 1996. The oldest of this generation are now 41 years old. Those in Gen Z were born between 1997 and present day. The olde…

As the attorneys who will be preparing the witnesses of the future, becoming familiar with the do's and dont's of corporate designee depositions is essential.  This paper will provide some helpful guidance for Future Leaders to prepare and defend their future corporate witnesses. Choosing the Right Witness You have now received a Rule 30(b)(6) deposition notice seeking testimony from a corporate d…

Attorneys’ fees are generally not the main focus of any piece of litigation, however, they are important at the beginning, throughout, and at the end of each case. No matter the size or type of case, it is critical to the case evaluation to determine whether attorneys’ fees are recoverable. Whether a party may recover attorneys’ fees largely turns on the relationship of the parties and the nature …

And you may ask yourself, “Well, how did I get here?”  And you may ask yourself, “Where does that highway go to?” And you may ask yourself, “Am I right? Am I wrong?” - Talking Heads[i]. Oftentimes it feels as if disputes, whether in the commercial setting or through litigated matters, find us (in-house counsel, risk managers, outside counsel, company principals and decision makers) without having …

Contractual and Extra-Contractual Defenses to Performance During Times of War, Pestilence, Famine, and Wild Beasts If the past two years have taught anything, it is that, whether in business or work,  to expect the unexpected.  Or, perhaps, “Murphy was an optimist.”   Whether it is Covid-19, the war in Ukraine, food shortages, supply chain interruptions, interest rates, energy …

Plaintiff attorneys across the nation are brazenly making large demands, and then, if their demands are not met, going to trial and asking the jury for even more money than they originally demanded. One reason plaintiff attorneys feel comfortable requesting what some might consider outlandishly high damages is that they have been successful in receiving them. Often referred to as “nuclear verdicts…

Bankruptcy Basics2 Chapter 7 (Liquidation); 11 U.S.C. §§ 101(41), 109(b). Available for:    Individuals Partnerships Corporations Other business entities. In a Chapter 7 bankruptcy case, a bankruptcy trustee (appointed by the United States Trustee) gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provis…