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Training Course Syllabus:

This seminar is designed for attorneys and in-house counsel, auditors, claims adjusters, risk managers and other insurance professionals.

This seminar will include vivid presentations and roundtable discussion on how to handle punitive damages issues. It will cover topics such as the:

• ABCs Of Punitive Damages (“PD”) Law

• Efforts In Federal And State Legislatures

• Evaluation Of A PD Case

• Practical Ways To Avoid Or Limit Exposure To PD

• Practical Ways To Recognize And Capitalize On A PD Case

• PD In Different Types Of Cases And States

• Remedial Measures, Professionalism And Ethics In The Industry

• Strategies In Litigation And Trial

• Techniques For Negotiating And Settling The PD Case

• Unique Issues: Bankruptcy, Scott-Pontzer, Taxation, And Uninsured Risks

8:30 a.m. - 9:00 a.m.

I. Introduction And Overview

A. Verdicts In America

B. Business And Insurance Response

C. The Penumbra Effect

D. Recent Supreme Court Rulings

E. Recent Legislative Reform Efforts

F. Strategies In Punitive Damage Cases

9:00 a.m. - 9:45 a.m.

II. Types Of Damages

A. Agreed Or Liquidated Damages

B. Compensatory And Nominal Damages

C. Punitive Or Exemplary Damages

D. Statutory Damages Or Penalties

E. Civil Or Criminal Sanctions

F. Reasons For Punitive Damages

G. Alternatives To Punitive Damages

9:45 a.m. - 10:45 a.m.

III. Your Supreme Court And Constitution

A. Federal

1. Ford Motor Co. v. Romo

2. State Farm Mut. Auto Ins. Co. v. Campbell

3. Cooper Industries, Inc. v. Leatherman Tool Group, Inc.

4. BMW Of North America v. Gore

B. Ohio

1. Dardinger v. Anthem Blue Cross & Blue Shield

2. Wightman v. Consolidated Rail Corp.

C. Other States

1. Prohibit Punitive Damages

2. Treat Punitive Damages As Compensatory

3. Majority And Minority Jurisdictions

10:45 a.m. - 10:55 a.m.


10:55 a.m. - 11:25 a.m.

IV. Ohio Punitive Damages Statutes

A. R.C. 2315.21: Tort Actions

B. R.C. 1333.63: Trade Secrets

C. R.C. 2307.70: Vandalism/Hate Crimes

D. R.C. 2307.80: Product Recall Notices

E. R.C. 4112.05: Civil Rights Violations

F. R.C. 4712.10: Credit Services Orgs.

G. R.C. 4728.14: Precious Metal Dealers

H. Miscellaneous Statutes: Relationship To R.C. 2315.21

I. Statutory Challenges In Court

J. Legislative Efforts And Testimony

11:25 a.m. - 12:00 p.m.

V. Requisite Conduct For Recovery

A. Actual Malice

1. Conscious Disregard

2. Hatred, Ill Will Or Revenge

3. Recklessness

B. Bad Faith

C. Fraud

D. Insult

E. Miscellaneous Conduct

F. Subsequent Remedial Measures And Recalls

G. Underlying Cause Of Action: Additional Facts

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 1:45 p.m.

VI. Amount Of Punitive Damages

A. Excessive Or Inadequate Verdicts?

B. Statutory Or Judicial Guidelines

C. Multiple Factors

D. Tort Reform: Federal And State

E. Tort Reform: Caps

F. Tort Reform: Recipient Of The Award

G. Tort Reform: Safe Harbors

H. Tort Reform: Trier Of Fact

I. Tort Reform: Miscellaneous

J. Controlling Multiple Awards

K. Insurance Issues

1:45 p.m. - 2:50 p.m.

VII. Litigation, Trial And Post-Trial Strategies

A. Choice Of Forum And Venue

B. Multiple Parties And Mass Tort Litigation

C. Pleading Claims And Defenses

D. Case Investigation And Discovery

E. Experts

F. Pretrial Motions

G. Burden Of Proof

H. Jury Selection

I. Trial Motions And Objections

J. Persuasion And Trial Themes

K. Jury Instructions: Model - Federal - State

L. Jury Interrogatories

M. Verdict Forms

N. Post-Trial Motions And Attorneys’ Fees

O. Additur And Remittitur

P. Judgments: Enforcement - Recognition - Stay

Q. Appeals

R. Special Issues

2:50 p.m. - 3:00 p.m.


3:00 p.m. - 3:30 p.m.

VIII. Negotiations And Settlements

A. Negotiations And Evidence Rule 408

B. Settlement Documents And Security

C. Releases And Covenants Not To Sue

D. Contribution And Indemnity Rights

E. Bankruptcy And Taxation Issues

F. Settlement “Boilerplate”

G. Enforcing The Settlement

3:30 p.m. - 4:00 p.m.

IX. Ethical Practices

A. Applicable Ethics Rules And Laws

B. Ethics In Business

C. Ethics In Pleadings And Filings

D. Ethics In Discovery

E. Ethics In Trial

4:00 p.m. - 4:30 p.m.

X. Professionalism

A. Building Upon Ethics

B. Checklist Of Professional Characteristics

C. Examples Of Professionalism In Practice

Seminar Summary:

 (see full course description)

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