The topic of nuclear verdicts (and the more recently coined “thermonuclear verdict”) has dominated the defense bar’s conversation for years now. It’s defined here as a verdict that has an exceptionally high damages award, exceeding what is a reasonable or rational monetary amount for that particular case. The fear of the nuclear verdict is real, and as some commentators have noted, it leads to overpaying or nuclear settlements.

The Philadelphia Court of Common Pleas recently released a study showing an uptick in plaintiff verdicts as well as million-dollar verdicts since the pandemic. Our research shows jurors all too often believe their role is to be a guardian of the community and send a message to bad corporate actors. Thus, the idea of verdicts that exceed traditional damages analysis is not surprising. So, what is a defense counsel to do?

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