A Defense Attorney's Guide To Successfully Arguing Damages

Law360 (March 1, 2019, 1:16 PM EST) -- With more and more nuclear verdicts being awarded at trial — especially in products liability cases — can the defense afford not to argue damages with a jury? It may be unconventional, but something has to be done to turn the tide of runaway jury verdicts sweeping the nation.

It is a long-held belief that if a company wants a defense verdict in a products liability case, the defense better not give the jury a damages number, or even argue damages. As explained herein, this belief is wrong. The defense can argue damages to a jury, even give a defense number,...

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