Top Three Nuclear Verdicts™ in California In 2021

  Three verdicts have exceeded a gross verdict or award of $1.5 million in 2021.i The following article explores these three Nuclear Verdicts™ and what can be done to avoid the nuclear nature of these verdicts.   A. The Top Three Verdicts 1.  February 10, 2021: Bench Trial of Motorcycle vs. Vehicle Accident – $23,720,996

Giacalone v. MedicWest Ambulance, Inc. – A Nuclear Verdict in Nevada

In April of 2021, the Eighth Judicial District of Nevada conducted a civil jury trial that ended with an award of $29.5 million dollars in damages to plaintiff. It presents an opportunity to analyze the trial with the principles discussed in Bob Tyson’s book, Nuclear Verdicts™: Defending Justice for All. The case involved a young

Medi-Cal Liens Not Preempted by Federal Medicaid Anti-Lien Statute

Life and health insurance policy concept idea. Finance and insurance.

  Could a Medi-Cal lien for recovery of advanced medical expenses be pre-empted by federal law?  This was the issue recently decided by the Second District Court of Appeal in L.Q. v. California Hospital Medical Center.[i]  The case involves the conflict between federal and state law on whether a state’s Medicaid program can legally claim

Tennessee Supreme Court Holds Damage Cap on Noneconomic Damages Limits Recovery

  Noneconomic damages often make up a large portion of Nuclear Verdicts™.  Defense attorneys will be happy to know there is a new interpretation of “damage cap” at play in Tennessee after the ruling in Yebuah v. Ctr. for Urological Treatment, PLC.[i]  The Tennessee Supreme Court’s ruling is a small step in the right direction

New Rule on Florida Post-Offer Prejudgment Interest

  Florida Rule 769.78 generally dictates rules on offers and demands as they pertain to judgments.[i]  However, this area of law is not well-settled.  In a recent case, Florida’s courts dove into the impact of post-offer prejudgment interest on the “judgment obtained.”[ii]  The ruling in CCM Condominium Association, Inc. v. Petri Positive Pest Control, Inc.

Washington Supreme Court Affirms $9.2M Judgment

  The Washington Supreme Court considered the issue of whether a jury instruction given in an underlying lawsuit was prejudicial and not harmless to plaintiff.  The Court found plaintiff was not prejudiced by the jury instruction even though the instruction was potentially misleading.  The Appellate decision had found the jury instruction had been prejudicial to