Schedule/Sessions
Preventing Nuclear Verdicts
- Speakers:
Daniel Costello, Costello Ginex & Wideikis, P.C.
Joseph R. Fowler, Fowler Hirtzel McNulty & Spaulding, LLP
Hedy Linette Ranieri, Berkley Technology Underwriters
Eric Sanders, QBE Insurance
Robert Tyson, Tyson & Mendes LLP
Session One of CLM’s in-person Trial Academy will review virtual sessions one through four, including Nuclear Verdicts™: Problems and Solutions; Slay the Reptile; Personalize the Corporate Client and Accept Responsibility; and Always Give a Number and Argue Pain and Suffering. Attendees will leave the session with an in-depth understanding of Nuclear Verdicts™, including what causes them, why they are a problem, and how to spot a case which may result in a nuclear verdict. Presenters will discuss how plaintiffs’ counsel are framing and arguing cases before a jury with “Reptile Theory” tactics and the defense’s opportunity to utilize the “Reverse Reptile.” Claims professionals and their defense attorneys will learn how to defuse juror anger by personalizing corporate clients and accepting responsibility at trial. This session will conclude with the skills to successfully mitigate a nuclear verdict by always giving a defense number and arguing pain and suffering.
Back to topDefending Against Plaintiff’s Valuation of Pain and Suffering Damages
- Speakers:
Hedy Linette Ranieri, Berkley Technology Underwriters
Eric Sanders, QBE Insurance
Robert Tyson, Tyson & Mendes LLP
Session Two of CLM’s in-person trial academy will examine how defense counsel and claims professionals can effectively defend against plaintiffs’ presentation of astronomical damages to a jury trial. Attendees will learn how plaintiffs argue pain and suffering and how defense counsel can defeat these arguments. Defense attorneys do not typically argue pain and suffering, and when they do, they usually argue for a “fair and reasonable” verdict without explaining to the jury what award would constitute fair and reasonable damages and why. Through specific examples, this session will explain the Nuclear Verdicts™ method for combatting plaintiffs’ valuation arguments and effectively arguing pain and suffering from the defense perspective. Additionally, presenters will explore what to do if plaintiff’s counsel objects, questions to ask in discovery, industry norms and standards for pain and suffering, instructions from the court, and the truth in advertising. The session will also invite attendees to participate in an open discussion with presenters and peers.
Back to topIntroduction to the Case
- Speakers:
Daniel Costello, Costello Ginex & Wideikis, P.C.
Joseph R. Fowler, Fowler Hirtzel McNulty & Spaulding, LLP
Robert Tyson, Tyson & Mendes LLP
Experienced defense trial attorneys will lead Trial Academy Session Three, Introduction to the Case. This session encourages a high level of attendee participation to facilitate an in-depth assessment of a complex civil trial. This exciting, interactive presentation will provide attendees with a hands-on, real-world example of a high exposure trial. Attendees will practice defending a case against a nuclear verdict, including case assessment, developing a theme, personalizing the corporate client, and preparing for trial. Attendees will have the opportunity to evaluate the case as the facts, witnesses, and parties are gradually revealed, simulating the discovery process and a true-to-life timeline of trial preparation. Pulled from a real jury trial, the case study will include plaintiff’s presentation of “bad facts” for the defense at trial, where defense attorneys often struggle to find themes and strategies to defuse juror anger. Detailed homework instructions and networking opportunities with fellow adjusters and attorneys will encourage further learning. The homework is tailored to prepare attendees for Trial Academy Day Two, to enforce and practice the skills learned thus far, and to brainstorm techniques to present to peers in the forthcoming sessions.
Back to topProblem Review
- Speakers:
Daniel Costello, Costello Ginex & Wideikis, P.C.
Joseph R. Fowler, Fowler Hirtzel McNulty & Spaulding, LLP
Robert Tyson, Tyson & Mendes LLP
Picking the Right Jury
- Speakers:
Ann Greeley, DecisionQuest
Robert Tyson, Tyson & Mendes LLP
Rachel York Colangelo, Magna Legal Services, LLC
David Zehner, Zehner Trial Consulting
Jury selection may be the most consequential element of a trial for both parties. The Trial Academy’s fourth session will guide attendees through the art of voir dire - selecting the right jury for your case. Attendees will role-play as potential jurors from diverse backgrounds in this interactive session. The interactive exercises will demonstrate how the defense should frame a case from the outset for a jury to avoid a nuclear verdict, including techniques for interacting with the jury, how to handle jury bias, how and when to use jury consultants, and questions to ask potential jurors. The session will address how to introduce defense themes, discuss the concept of responsibility, and sponsor a defense damages number before the first witness is ever called to the stand. Presenters will provide insight into specific ways to identify favorable jurors in preparation for trial and will offer tangible takeaways for claims professionals and attorneys alike. Session Four’s presenter panel will include experienced jury consultants.
Back to topOpening Statements: Frame Your Case for Success
Session Five of Trial Academy will feature an in-depth presentation that will lead attendees in robust discussion about opening statements at trial. This session will describe how to use opening statements to lay a solid foundation to avoid a nuclear verdict in the trial ahead. Presenters will describe how to use an opening statement to tell a story, including the story of the corporate defendant. Presenters will also examine what science tells us about giving a defense number in opening statements. Attendees will share their own ideas of what defense themes to introduce in opening statements, when the defense should accept responsibility, and whether to address damages in opening statements. Attendees will leave the session with the skills to frame the case for the jury in opening statements in a way that mitigates a nuclear verdict.
Back to topStrategic Direct and Cross Examination
- Speakers:
Joseph R. Fowler, Fowler Hirtzel McNulty & Spaulding, LLP
David Zehner, Zehner Trial Consulting
Experienced trial attorneys will discuss key defense strategies for direct and cross examination in Trial Academy, Session Six. Presenters will explore plaintiff attorneys’ latest evidentiary and witness trial tactics and lay out techniques to combat them at trial. Presenters will further discuss the most common, traditional themes used by defense attorneys and explain why these themes may be insufficient to curb juror anger and avoid a nuclear verdict. Attendees will then learn when and how to effectively introduce a powerful defense theme during direct and cross examination. This interactive session will empower attendees to analyze what and when specific defense themes may be appropriate based on the facts of each case, share which methods they would advance in witness examination, and identify defense goals of various direct and cross examinations. Most importantly, presenters will discuss how to evoke testimony from witnesses to support the defense damages number and noneconomic damages arguments in closing.
Back to topPowerful Closing Arguments
- Speakers:
Daniel Costello, Costello Ginex & Wideikis, P.C.
Joseph R. Fowler, Fowler Hirtzel McNulty & Spaulding, LLP
Robert Tyson, Tyson & Mendes LLP
Rachel York Colangelo, Magna Legal Services, LLC
The final session of CLM’s Trial Academy explores persuasive closing arguments. In Session Seven, presenters will discuss the key components of a winning closing argument for the defense. This session will present an in-depth analysis of the key to achieving Justice for All: powerful defense pain and suffering arguments. Attendees will learn how to use the closing argument to equip jurors with the tools to analyze any potential damages award in a way that is fair for both parties and prevents a nuclear verdict. Presenters will also provide concrete examples of how to package the most compelling evidence for the defense, how to employ silent witnesses, how to tie the defense trial themes together, and how to tell the jury the real story plaintiff does not want exposed. Attendees will embrace vulnerability and connect with jurors by crafting meaningful, personal stories to share in closing in support of these defense arguments and themes. Presenters will lead attendees through developing strong closing arguments that leave lasting impressions on the jury to avoid Nuclear VerdictsTM.
Back to topNo Learning Objectives Available
