The Tenth National Advanced Forum on Litigating

Bad Faith and Punitive Damages

Monday, March 29, 2004

About

When the United States Supreme Court issued its much-anticipated opinion in State Farm v. Campbell in April 2003, plaintiffs' attorneys reevaluated their cases and defense attorneys rejoiced at what both sides perceived as a landmark victory for corporate defendants. In holding that single-digit multipliers of compensatory damages may be constitutional, while higher multipliers are probably not, the court dramatically changed the way insurance bad faith cases will be litigated going forward.

Based on the significant implications of Campbell on insurance bad faith and punitive damages, everyone involved in any way with bad faith litigation - including attorneys on both sides of the argument, as well as insurers and their counsel - must gain a complete and up-to-the-minute understanding of how this decision will affect their next bad faith case.

American Conference Institute's 10th National Advanced Forum on Litigating Bad Faith and Punitive Damages publication has been revised and updated to bring you the very latest information on how Campbell is being interpreted, as well as other key changes and developments in bad faith law. The focus is practical and tactical with an emphasis on how to prevail in your next bad faith case from discovery through the post-trial phase. The publication once again brought together an eminent faculty of trial attorneys, judges, mediators, and experts from those jurisdictions on the cutting edge of bad faith law who will give you their perspectives and insights on:

  • The state of punitive damages post-Campbell
  • Plaintiff and defense strategies in institutional bad faith discovery battles
  • The majority and minority views on settlements when there are multiple insureds, multiple claims, and not enough limits
  • The latest case law in the most active bad faith states
  • Defending and circumventing the attorney-client privilege in your bad faith case
  • Professional experts vs. professional expert witnesses
  • Mediation of bad faith disputes
  • Using jury consultants, focus groups, and mock trials in your bad faith case
  • Initial questions to consider at the post-verdict stage

Contents & Contributors

About

When the United States Supreme Court issued its much-anticipated opinion in State Farm v. Campbell in April 2003, plaintiffs' attorneys reevaluated their cases and defense attorneys rejoiced at what both sides perceived as a landmark victory for corporate defendants. In holding that single-digit multipliers of compensatory damages may be constitutional, while higher multipliers are probably not, the court dramatically changed the way insurance bad faith cases will be litigated going forward.

Based on the significant implications of Campbell on insurance bad faith and punitive damages, everyone involved in any way with bad faith litigation - including attorneys on both sides of the argument, as well as insurers and their counsel - must gain a complete and up-to-the-minute understanding of how this decision will affect their next bad faith case.

American Conference Institute's 10th National Advanced Forum on Litigating Bad Faith and Punitive Damages publication has been revised and updated to bring you the very latest information on how Campbell is being interpreted, as well as other key changes and developments in bad faith law. The focus is practical and tactical with an emphasis on how to prevail in your next bad faith case from discovery through the post-trial phase. The publication once again brought together an eminent faculty of trial attorneys, judges, mediators, and experts from those jurisdictions on the cutting edge of bad faith law who will give you their perspectives and insights on:

  • The state of punitive damages post-Campbell
  • Plaintiff and defense strategies in institutional bad faith discovery battles
  • The majority and minority views on settlements when there are multiple insureds, multiple claims, and not enough limits
  • The latest case law in the most active bad faith states
  • Defending and circumventing the attorney-client privilege in your bad faith case
  • Professional experts vs. professional expert witnesses
  • Mediation of bad faith disputes
  • Using jury consultants, focus groups, and mock trials in your bad faith case
  • Initial questions to consider at the post-verdict stage

Contents & Contributors

BAD FAITH AND PUNITIVE DAMAGES INTRODUCTION AND BACKGROUND
Douglas K. deVries, deVries Law Firm

CAMPBELL: 12 MONTHS LATER
Michael R. Nelson, Nelson, Levine, de Luca & Horst

THE UNITED STATES SUPREME COURT AND PUNITIVE DAMAGES
Peter S. Stamatis, Law Offices of Peter S. Stamatis, P.C.
Alex Muhtaris, Law Offices of Peter S. Stamatis

CAMPBELL: 12 MONTHS LATER
William Kobokovich, Jr. St. Paul Fire & Marine Insurance Company
Floyd P. Bienstock, Steptoe & Johnson, LLP

STRATEGIC DISCOVERY POST-CAMPBELL
E. Gerard Mannion, Mannion & Lowe

TOO MANY INSUREDS (TOO MANY CLAIMS) AND NOT ENOUGH LIMITS
Robert W. Nelson, Whitten, Nelson, McGuire, Wood, Terry, Roselius & Dittrich
Kathryn D. Terry, Whitten, Nelson, McGuire, Wood, Terry, Roselius & Dittrich

UPDATE ON BAD FAITH TRENDS AND DEVELOPMENTS CALIFORNIA
Royal Oakes, Barger & Wolen LLP
Kent Keller, Barger & Wolen LLP
Larry Golub, Barger & Wolen LLP

FLORIDA BAD FAITH LAW UPDATE
Lee Marcus, Marcus, McMahon & Myers, P.L.

UP AND COMING BAD FAITH STATES: WHY BAD FAITH IS ALIVE AND WELL IN STATES WITH THE FAIRLY DEBATABLE STANDARD
Bonny G. Rafel, Bonny G. Rafel, LLC

BAD FAITH TRENDS AND DEVELOPMENTS IN PENNSYLVANIA
Andrew F. Susko, White and Williams LLP
Luke A. Repici, White and Williams LLP

WEST VIRGINIA'S BAD FAITH: ANTAXERXES LEGEND
James A. Varner, Sr., McNeer, Highland, McMunn & Varner, LC
Debra Tedeschi Herron, McNeer, Highland, McMunn & Varner, LC

ATTORNEY-CLIENT PRIVILEGE ISSUES IN INSURANCE CLAIMS
Arnold R. Levinson, Pillsbury & Levinson, LLP
Terence J. Coleman, Pillsbury & Levinson, LLP

ATTORNEY-CLIENT PRIVILEGE AND ATTORNEY WORK PRODUCT IN BAD FAITH ACTIONS
Susan M. Popik, Chapman, Popik & White LLP

MAKING THE MOST OF THE EXPERT WITNESS IN YOUR BAD FAITH CASE
Caryn E. Montague, RHU, LUTCF, CSA, Caryn E. Montague & Associates

BAD FAITH (WINDT): OVERVIEW
Allan D. Windt, (Author of Insurance Claims and Disputes, Representation of Insurers and Insureds, West)

TRYING THE PUNITIVE DAMAGE CASE: TRIAL CONSIDERATIONS FROM THE PLAINTIFF'S STANDPOINT
Richard T. Phillips, Smith Phillips Mitchell & Scott

USING JURY CONSULTANTS, FOCUS GROUPS AND MOCK TRIALS TO WIN YOUR BAD FAITH CASE
Lara M. Giese, Psy.D., Trialgraphix
Daniel Wolfe, J.D., Ph.D., Trialgraphix

PUNITIVE DAMAGES: THE SCORECARD ONE YEAR AFTER STATE FARM
James D. Miller, King & Spalding LLP

PROVING PATTERN AND PRACTICE USING DEPOSITIONS AND DOCUMENTS FROM OTHER CASES
Alice J. Wolfson, Bourhis & Wolfson
Ray Bourhis, Bourhis & Wolfson



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0