Partner Michael Newman will be a panelist, along with Forrest S. Latta, partner, Burr & Forman LLP, at the 2012 ACI Bad Faith Litigation Conference (November 28-29, 2012 | Orlando, FL).
Michael and Forrest will speak on: Mitigating the Potential for Punitive Damages and Responding to Punitive Damage Claims When They Arise.
- Recent punitive damage verdicts and appeals
- Current federal constitutional limitations on punitive damages
- State caps and other procedural restrictions on punitive damages: state statutory limitations on punitive damages; state judicial limitations on punitive damages; trends – statutory versus judicial limitations
- How insurance companies can proactively guard against punitive damages
- Bad faith cases are statistically the most dangerous (RAND)
- How to recognize a dangerous bad faith case
- The emotional and factual drivers common to every bad faith verdict
- Procedural pitfalls to be avoided in defending punitive claims
- Early motions and discovery in preventing the punitive award
- Discoverability of the insurer’s fi nancial statements and other intrusive requests
- Strategies for keeping punitive damage claims from reaching the jury
- Post-verdict strategy for reducing punitive damages
- Punitive damages in settlement negotiations
- Should punitive damages be considered in settlement?
- Evaluating the bad faith punitive damages claim
- Related conflicts of interest
- New rules impacting jurisdiction and venue in bad faith cases
- Why jurisdiction and venue matters in punitive damage cases
- Recent federal changes under the JVCA
- How federal removal jurisdiction has expanded
If you would like more information on this presentation, please contact Michael Newman.
