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Training Course Syllabus:


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

A. Elements

B. Pleading Requirements

C. Evidence

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.

Break

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

Campbell

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.

Break

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

Seminar Summary:

 (see full course description)

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