Publications

Publications

Articles

  • "Punitive Damages in Nursing Home Litigation"
    December 1, 2001
    By Michael J. Brady

    Avoiding or Mitigating the Risk of
    Punitive Damages in Nursing Home Litigation



    INTRODUCTION

    Punitive damages are the greatest exposure in nursing home tort litigation. Historically, punitive damages are returned by juries against unpopular defendants, such as insurance companies, railroads, and governments. In today’s society, nursing homes unfortunately are in the upper percentage of such “unpopular” defendants, increasing the risk of punitive exposure in tort cases.

  • Punitive Damage Exposure for the Nursing Home Industry: How To Avoid & How To Keep Down the Award
    December 1, 2001
    By Michael J. Brady

     

    INTRODUCTION

    This is your greatest exposure.

    The nursing home industry (like railroads, the insurance industry, and the government) is a notoriously unsympathetic industry.

    The profits and net worth of an individual nursing home organization may be high, greatly increasing the likelihood of a substantial award.


    THEMES FOR THE DEFENSE

    How do you convince the jury to refrain from awarding any punitive damages?

    If (unfortunately) the jury finds that malice, fraud or oppression is present (justifying the award of punitive damages), how do you keep the punitive damage award as small as possible?


    TACTICS THAT WILL BE USED BY THE PLAINTIFF’S BAR AGAINST THE NURSING HOME INDUSTRY

    The principal new strategy will be to introduce evidence of other claims and other suits against this particular company.

  • "Loss of Consortium Claims and Liability Policy Limits"
    May 1, 2001
    By Jennifer E. AchesonMichael J. Brady

    Is a claim for loss of consortium limited to the “per person” liability limits of an automobile liability policy? Or, is a claim for loss of consortium compensable under the “per occurrence” limits? Assume that you have been retained, as coverage counsel for a national automobile insurer, to answer this question.

    The facts are these. The insured, Ian Innis, was driving his car when he lost consciousness. His vehicle struck a chain link fence and fire hydrant.

  • Proposition 65: An Overview
    RMKB News Letter - February 20, 2001
  • Litigation Targets
    SF Daily Journal - February 16, 2001
  • Binding Arbitration of Coverage and Bad Faith Disputes: A Way Out Of the Thicket for the American Insurance Industry
    January 1, 2001
    By Terry AnastassiouMichael J. Brady
    I.

    Introduction
    This article sets forth a unique and intriguing idea: can an insurer insert a requirement in its policy that all disputes concerning coverage or bad faith be submitted to binding arbitration, and providing further that in the event the arbitrator awards punitive damages, they be capped at no more than three times the amount of the compensatory award?

    In the past thirty years at least ten states have witnessed huge (and often unwarranted) jury verdicts against insurers for bad faith and punitive damages.

View Archive:
2017  | 2016  | 2015  | 2014  | 2013  | 2012  | 2011  | 2010  | 2009  | 2008  | 2007  | 2006  | 2005  | 2004  | 2003  | 2002  | 2001  | 2000  | 1999  | 1996  | 1993  |