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Which States Have the Most “Nuclear” Verdicts?

Institute for Legal Reform, July 11, 2024

Which States Have the Most “Nuclear” Verdicts?

  • Here’s what happened: A recent study found that Texas is a leading state for nuclear verdicts, with 130 reported verdicts totaling $16 billion from 2013 to 2022.
  • Dive deeper: The U.S. Chamber of Commerce attributes anchoring techniques—where plaintiff’s attorneys suggest specific, often arbitrary amounts for damages—with helping drive up the costs of both settlements and lawsuit awards.
    • In one case, a plaintiff’s attorney suggested the jury award “two cents” per mile driven by the defendant’s trucks, resulting in a $39 million jury award. The Texas Supreme Court later ruled that these “unsubstantiated anchors” and other tactics required a new trial.
  • TLR Thoughts: The Texas Legislature should take a close look at the factors contributing to nuclear verdicts in the Lone Star State, including anchoring, rampant attorney advertising, inflated medical damages, and others.

Read the full article here.