This seminar is designed for attorneys and legal staff, claims managers, risk managers and other insurance professionals.
Seminar attendees will gain critical insight into the requirements of successfully prosecuting a plaintiff’s punitive damages case. Attendees will benefit from an update on recent case law in conjunction with instruction on how to navigate Florida’s statutory punitive damages scheme. Practical advice and themes in trying a punitive damages case against a corporate defendant will also be discussed.
• Punitive Damages Prior To State Farm v. Campbell
• An Overview Of State Farm v. Campbell
• Implications Of Campbell From A Plaintiffs’ And Defendants’ Perspective
• The Standard For Punitive Damages Liability
• Presenting And Proving A Plaintiff’s Punitive Damages Case
9:00 a.m. - 10:30 a.m.
I. Punitive Damages In Florida Prior To State Farm v. Campbell: A Brief Overview
B. Pleading Requirements
D. Limitations As To Amount
II. Gore; Cooper Industries and State Farm vs. Campbell
A. What Do They Say?
B. How Do They Impact Elements; Pleading; Evidence: And Limitations As To Amount?
C. What Jury Instructions Are Now Required?
D. How Do They Impact Discovery?
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:15 p.m.
III. Why State Farm v. Campbell Left More Questions Than Answers And How
Plaintiff’s Lawyers Can Take Advantage Of Those Ambiguities
IV. How To Capitalize On Pain, Suffering, Mental Anguish And Emotional Distress
And Every Other Kind Of Non-Economic Damages In Light Of Increasing
Limitations On Punitive Damages
V. How To Argue The Continued Relevance Of “Bad Acts” Discovery In Light Of
Recent Case Law
VI. How To Argue That The Wealth Of The Defendant Is Still Relevant After
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:45 p.m.
VII. Looking More Closely At The Standard For Punitive Damage Liability – With All
Of The Attention Focused On The Amount Of Punitive Damages, Is The Debate
Over Liability A Forgotten Issue?
A. How Liability Issues Can Be Addressed In Pretrial Motions, Trial And Post Trial Motions
VIII. A Closer Look At The Impact Of State Farm vs. Campbell
A. What Are The Implications For Trial Strategies
B. Is The Wealth Of The Defendant Still Relevant?
C. Proposal For Changes To Jury Instructions
D. Implications For Post Trial Motions
IX. What Is The State Of The Law After Campbell?
A. A Review Of Post-Campbell Cases Around The Country
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 4:30 p.m.
X. Presenting And Proving A Plaintiff’s Punitive Damages Case
A. Recent Developments In Florida Case Law
B. Following Procedural Requirements
C. Proving Punitive Damages Against Corporations
D. Punitive Damages Trial Tips