This article was written with the assistance of AI and edited by Angela Sabarese.
In a recent CLM webinar, Cayce Lynch, national managing partner; and Ashley Fetyko, partner, head of growth and client engagement, both with Tyson and Mendes LLP, discussed the alarming rise of Nuclear Verdicts and introduced a new framework to combat them.
Nuclear Verdict Numbers on the Rise
The legal experts revealed that Nuclear Verdicts—traditionally defined as awards exceeding $10 million, but now more broadly understood as disproportionate awards—have reached staggering levels: $14.5 billion in 2023 and already $21 billion in 2024. "That could buy 16 Mona Lisa's," Lynch noted, illustrating the magnitude of these awards.
Fetyko and Lynch identified key tactics plaintiff attorneys use to secure Nuclear Verdicts: focusing on anger rather than sympathy, anchoring with enormous numbers, and increasingly leveraging artificial intelligence (AI). "Plaintiff's lawyers know which cases are going to go Nuclear," Fetyko emphasized, explaining how AI helps them identify high-value cases and develop winning strategies.
Solutions
The presenters introduced their framework, called "the Apex," designed to diffuse juror anger. The approach begins with "being a good human" and includes four core methods absent in Nuclear Verdict cases: accepting responsibility, personalizing the defendant, providing an alternative number, and addressing pain and suffering directly.
A significant theme throughout the presentation was the defense industry's reluctance to adapt. While plaintiff attorneys collaborate and embrace technology, defense attorneys often work in silos and hesitate to use AI tools. "We can't just be reactive," Lynch urged, calling for greater collaboration among defense counsel.
Fetyko articulated the fundamental principle guiding their approach: "Injured plaintiffs deserve to be made whole. That's what the law says. However, being made whole is not the same thing as generational wealth."
The presenters concluded that defense attorneys must embrace both technology and humanity to effectively counter the psychological tactics driving Nuclear Verdicts, emphasizing that connecting with jurors requires showing up as humans, not machines.