Episode Summary: In this episode of Strategic Justice in Action, host David Senoff, a plaintiff attorney with expertise in appellate advocacy and insurance bad faith, joins Evan Mack to explore the complexities of appealing large jury verdicts. They delve into the nuances of damages, remittitur, and excessiveness review, particularly focusing on how these elements shape the appellate process.

David discusses the challenges both defendants and plaintiffs face when dealing with substantial verdicts, especially in Pennsylvania, and the critical role of evidence and jury instructions in potential appeals. The conversation also covers the constitutional analysis of punitive damages and the influence of comparable cases on verdict assessments. Listeners will gain valuable insights into building a robust damages record for trial and appellate scrutiny, as well as strategic considerations for settlement negotiations post-verdict.

Key Timestamps: 00:01 – Introduction 0:21 – Overview of Large Jury Verdicts 0:54 – Appellate Risks for Defendants 1:41 – Strategies for Overturning Verdicts 2:56 – Plaintiff's Perspective on Holding Verdicts 5:15 – Understanding Remittitur 7:25 – Role of Punitive Damages 9:29 – Constitutional Analysis of Punitive Damages 10:42 – Importance of Comparable Cases 12:03 – Standards of Review in Appeals 14:10 – Building a Damages Record 15:42 – Case Example: Appellate Review Impact 18:42 – Appellate Strategy and Settlement Posture

About the Show: Strategic Justice in Action is a podcast dedicated to unraveling the complexities of the legal system, focusing on appellate advocacy, insurance litigation, and public policy. Hosted by David Senoff, a seasoned plaintiff attorney, the show provides in-depth discussions on holding corporations and governments accountable through strategic legal action. Listeners can expect expert insights, practical advice, and engaging conversations aimed at empowering legal professionals and individuals seeking justice. Whether you're navigating the intricacies of a legal case or interested in the broader implications of public policy, Strategic Justice in Action offers valuable perspectives and actionable strategies.