Friday, August 15, 2008

Plaintiffs Rejecting Settlement Offers Fare Worse at Trial

While not exclusively related to mass torts, the ABA reports on the results of a new study of civil suits from 2000-2005, which found that 61% of plaintiffs rejecting settlement offers fared worse at trial. Here's a link to the New York Times story and an excerpt of the ABA story:

Sixty-one percent of plaintiffs who turned down settlement offers ended up faring worse at trial, according to a New York Times story on the study. The average settlement offer was $48,700 and the average award at trial was $43,000, a difference of $5,700.

Defendants were wrong in just 24 percent of the cases, but for them the cost of a bad gamble was must larger. The average plaintiff’s settlement demand in those cases was $770,900 and the average verdict was $1.9 million, a difference of more than $1.1 million.

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August 15, 2008 in Procedure | Permalink | Comments (0) | TrackBack (0)

Wednesday, August 13, 2008

Gearing up for Wyeth v. Levine

This morning's Wall Street Journal has a preview of the two sides and the politics involved in Wyeth v. Levine, which will be argued before the Supreme Court on November 3. Here's an excerpt of the piece by Alicia Mundy:

Corporate defense lawyers are also girding for battle. A spokesman for the Chamber of Commerce Institute for Legal Reform said, "Pre-emption will be one of the top issues in Congress next year, and we'll be focusing significant resources on it."

Trial lawyers are expected to be heavily outspent. The chamber, which has helped drive the pre-emption and tort-reform campaign, intends to raise $40 million for political candidates this year.

The Bush administration has over the past few years circumvented Capitol Hill by weakening regulatory agencies' safety rules and adding introductions, called preambles, to public-safety regulations that effectively prohibit plaintiffs from suing at the state level, where safety standards can be tougher than those at the federal level.

Pre-empting plaintiffs' right to sue will come under the microscope in the Wyeth case. The case centers on Diana Levine, a professional guitarist who lost an arm to gangrene after a receiving a shot to treat a migraine headache in 2000.

Ms. Levine won $6.8 million in her lawsuit against Wyeth, which makes the antinausea drug, phenergan, that was given to her. A Vermont jury and that state's Supreme Court found that Wyeth hadn't sufficiently warned the public and doctors about the drug's dangers if improperly injected.

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August 13, 2008 in Procedure | Permalink | Comments (0) | TrackBack (0)