Le Lézard
Classified in: Health
Subject: LAW

Mark Lanier: Instant Messaging


HOUSTON, Dec. 18, 2019 /PRNewswire/ -- There's a story of a young Hollywood writer bragging to a veteran movie producer on the quality of his script, extolling that "It's not only a great comedy, but it also has a message." To which the producer replies: "Just write me the comedy. Messages are for Western Union."

Unlike Hollywood, sending a message remains a core part of trial strategies, empowering the jury to send that message, particularly in personal injury and liability cases. In recent years, I have seen that juries are more inclined to award eye-catching amounts.  Responsible businesses and insurers are taking note. Together with law professors and other attorneys, I was recently interviewed for an article on the possible justification for these verdicts increasing in size, if not in frequency.

Here are some of the reasons that were cited for this trend:

I can't disagree with any of these explanations, but as I pointed out to the writer, jurors who "get it" recognize that often the only way to get the attention of a multibillion-dollar company is with billions of dollars. Particularly when you have evidence of misconduct over a long period of time, jurors view that corporate knowledge and negligence as a cover-up that increases the company's liability.

The result is a jury sending a message that punishes the defendant financially, as well as through the negative publicity that comes with the big-dollar verdict. Even if everyone in the courtroom recognizes that the jury award may be reduced through statutory limits or appeals, the corporate damage is done.

Quite simply, it's punishment.

The statutes supporting punitive or exemplary damages against a defendant arguably go back hundreds of years. The most tangible reference found in English common law is generally cited as the 1763 case of Wilkes v. Wood.

Mr. Wilkes' house was the subject of a search under a general warrant of arrest, and he brought a trespassing claim against the official who executed the search. His counsel asked for "large and exemplary damages," in order to put a stop to such actions. The Lord Chief Justice instructed the jury as follows:

"Damages are designed not only as a satisfaction to the injured person, but likewise as a punishment to the guilty, to deter from any such proceeding for the future, and as a proof of the detestation of the jury to the action itself."

We're more than 250 years removed from that instruction, but the definition and rationale for the jury to send a message of "punishment to the guilty" is just as valid today.

I also believe that these mega-verdicts occur because we have mega-corporations, consolidating and growing over the years, diversifying their product lines while hiding behind other brand names in an ever more complex management structure. The public may know Johnson & Johnson as the maker of baby shampoo and Band-Aids, but only when in the jury box can they see the web of medical devices and drug companies that make up the J&J empire, and those divisions generate far more revenue. Jurors may rightfully look at J&J, or any defendant, more holistically in returning their verdict.

Those of us who represent the victims of dangerous drugs and products should have nothing to apologize for when a large verdict is rendered. Our system of laws and trial by jury is there to deliver justice, to protect and to punish, based solely on the evidence. The politicians and corporate interests that seek to limit or even remove the role and responsibility of the jury to make those determinations ? and yes, punish when appropriate ? do all of us a disservice.

benchMARK'S is a regular column on the law and life from Mark Lanier. Mr. Lanier is regarded as one of the top trial attorneys in the United States. He's also an author, teacher, pastor and expert storyteller.

Media Contact:
J.D. Cargill
713-659-5200
[email protected]

 

SOURCE The Lanier Law Firm


These press releases may also interest you

at 20:50
Pharma (1167.HK), a clinical-stage oncology company drugging the undruggable targets, today announced its 2023 annual results. The revenue was RMB63.5 million, the R&D investment was RMB372 million, the cash and cash equivalent at the end of 2023 was...

at 20:35
InnoCare Pharma (HKEX: 09969; SSE: 688428), a leading biopharmaceutical company announced that the first patient in China has been dosed in the Phase 1b clinical study of the combination of InnoCare's novel SHP2 (Src Homology 2 domain containing...

at 19:30
Willow Biosciences Inc. ("Willow" or the "Company") , a leading biotechnology...

at 18:56
Nutex Health Inc. ("Nutex Health" or the "Company") (NASDAQ:...

at 18:30
Striking Teamsters at pharmaceutical giant Cencora (formerly known as AmerisourceBergen) rallied today outside the company's Sacramento distribution center. The 124 warehouse workers are members of Teamsters Local 150 and have been on strike since...

at 18:00
Bridge Biotherapeutics (KQ288330), a South Korean clinical-stage biotech company developing novel drugs for cancer, fibrosis, and inflammation, announced a research collaboration with Dr. Jessica M. Konen's Lab at Emory University School of Medicine....



News published on and distributed by: