THE TOP 100 VERDICTSOF 2015 April 25, 2016 The cover is customized in collaboration and for the sole reprint purposes of Travelers. Motor Vehicle Case Scores Top Verdict in 2015 The $844.6M award tops a 2015 list with no billion-dollar verdicts. BY AMANDA BRONSTAD figures. Although the category topped the list tobacco verdict and a $9 billion award in in 2015, the total amount represented a 24 an Actos trial. Among top verdicts in 2015, those percent decrease from 2014. Excluding those top two products liabil- involving motor vehicle accidents nearly “The legal rules that govern damages are ity verdicts, awards in this area declined doubled in number compared with 2014. different than they were even three years only slightly when compared to 2014. The 14 motor vehicle awards in the top ago,” said Michael Brody, co-chairman of the The largest verdict, ranked No. 9, was a 100 verdicts totaled $1.41 billion, up from intellectual property practice at Winston & $150 million verdict against Fiat Chrysler $330 million in 2014. They included the Strawn, which won three verdicts in 2015, Automobiles over the death of a 4-year-old No. 1 verdict on The National Law Journal including two IP awards of $30 million and who was burned alive when a Jeep Grand affiliate VerdictSearch’s Top 100 Verdicts $24.5 million. “It simply reflects that there Cherokee’s gas tank exploded. report. That $844.6 million award went to has been hard thinking at the [U.S. Court of “The product is totally indefensible yet the widow and son of a man killed on a Appeals for the] Federal Circuit about how to [Fiat] came in and tried to defend it,” said Florida highway by a drunk driver. address damages in these cases, and changing plaintiffs lawyer Jim Butler, founding part- The drunk driver and the dealership that the rules changes the results.” ner of Atlanta’s Butler Wooten Cheeley & loaned the victim the car were found liable, Peak, who tried the case with his son, Jeb though neither showed up at trial. But that’s Butler of Butler Tobin. not why the award was so high, according to The award in Decatur County Superior plaintiffs attorney David Brill. Top IP Verdicts Totaled Court was one of eight verdicts to come out “The widow, our client, she was just so of Georgia—a record amount for the state. powerful, so real, in explaining the love she Half of those came out of Fulton County had for her husband and what he was like in $1.43 Billion in 2015 Superior Court in Atlanta. But Butler called life,” said Brill of Brill & Rinaldi in Weston, the prevalence of Georgia verdicts a fluke. Florida. “I don’t think there was a dry eye in The highest IP verdict was a $532.9 mil- “Georgia does have a very good plaintiffs’ the courtroom.” lion award against Apple Inc. in the Eastern bar, but it also has a very good defense bar, The award included $630 million in puni- District of Texas. [See “In the Big Verdicts and it has even-handed courts,” Butler said. tive damages and $210 million in compensa- Arena,” Page 18.] It was one of three IP ver- Last year’s top verdicts came with some tory damages. dicts in that district, known for its patent cases. notable outliers. One Georgia jury award- “Juries will give a lot of money when Yet most of the top 100 awards were ed $72.7 million to a young girl who was you have catastrophically injured plain- spread across the country, with two each in mauled by two pit bulls. The verdict ranked tiffs in motor vehicle collisions,” said Brian Illinois and Nebraska. No. 24. And Texas law firm Andrews Kurth Panish, whose Los Angeles firm, Panish Apple also lost a $234.3 million verdict, suffered a rare $197.8 million legal malprac- Shea & Boyle, garnered two verdicts in the ranked No. 5, in Wisconsin, where the tice verdict that ranked No. 6. [See Page 18]. top 100 list, including $34.5 million for a University of Wisconsin’s licensing arm The No. 2 award was a $655.5 million man whose leg was amputated after a trac- sued over a microchip technology patent. verdict against the Palestine Liberation tor-trailer hit him. The largest motor vehicle award in which Organization and the Palestinian Authority VerdictSearch’s list is based on its sur- the defendant actually showed up to trial over their alleged roles in six terrorist vey of court records, consultations with was a $165.5 million verdict against FedEx attacks in Israel. The New York jury’s origi- lawyers and a review of news reports. The Corp. over its alleged failure to train the nal award was automatically tripled under report does not take into account subse- driver of a tractor-trailer who crashed into the Anti-Terrorism Act. quent judicial reductions, offsets or appeals. a truck, killing a young mother and her But the case wasn’t easy. The testimony [See Methodology, Page 18]. 4-year-old daughter. It ranked No. 7. was emotional, the evidence was abroad, In 2015, intellectual property remained It was the largest civil award in the his- and terror groups are good at hiding their the top category in both number of awards tory of New Mexico, said James Scherr of activities, said Kent Yalowitz, a partner at and total dollar value, with 16 verdicts total- Scherr Legate of El Paso, who represented Arnold & Porter in New York who repre- ing $1.43 billion. the woman’s husband and son, who was sented the 36 victims and their families But take a gander at 2015’s top 100 ver- injured from the crash. who were awarded the damages. He said dicts list and you’ll see something miss- “The evidence in our case was compelling this was the “first case under the Anti- ing—billions. because we had a collision that occurred dur- Terrorism Act tried to full verdict.” For the first time in eight years, there were ing the danger zone,” he said, referring to the “The law is designed to protect Americans no verdicts worth $1 billion or more in a hours between midnight and 6 a.m., when wherever they travel around the globe, year’s span. The total amount awarded in most accidents occur. and people who engage in terror and pro- 2015 was less than $7.5 billion, down 82 vide material support to terror organiza- percent from 2014. PRODUCTS LIABILITY DECLINES tions need to be on notice that there will be The absence of a $1 billion verdict comes Products liability verdicts, historically severe consequences to that,” he said. “This as intellectual property, which contributed among the top 10, fell to $625.5 million, jury sent that message loudly.” three $1 billion-plus verdicts in 2012, has down from the $33.3 billion recorded in continued its downward spiral in total dollar 2014, which included a single $23.6 billion Contact Amanda Bronstad at [email protected]. THE TOP 100 VERDIctS OF 2015 The National Law Journal’s VerdictSearch affiliate scoured the nation’s court records in search of 2015’s biggest verdicts, also consulting with practitioners and reviewing reports by other ALM Media publications. The amounts listed here represent jury awards—they do not account for judicial reductions, offsets or appeals. TOP 100 VERDICTS OF 2015 JUDGE John T. Luzzo DATE 6/17/2015 PLAINTIFF Top Verdict Categories ATTORNEY(S) David W. Brill, Brill & Rin aldi, The Law Firm, Dollar value of Top 100 verdicts by cause of action, in millions. Weston, FL (Estate of Timothy(deceased) Blaikie, 2014 2015 Suzanne Blaikie) Robert J. McKee, The 1 Products liability $33,283 1 Intellectual Property $1,427 McKee Law Group LLC, Weston, FL (Estate of 2 Intellectual property $1,870 2 Motor Vehicle $1,409 Timothy(deceased) Blaikie, 3 Breach of contract $1,230 3 Breach of fiduciary $713 Suzanne Blaikie) Joseph J. Rinaldi, Jr., Brill 4 Breach of fiduciary duty $915 4 Assault and battery $656 & Rinaldi, The Law Firm, Weston, FL (Estate of 5 False Claims Act $525 5 Products liability $626 Timothy(deceased) Blaikie, Suzanne Blaikie) 6 Motor vehicle $330 6 Breach of contract $496 Mary Luz Rodriguez, The McKee Law Group LLC, 7 Worker/workplace negligence $309 7 Medical malpractice $333 Weston, FL (Estate of Timothy(deceased) Blaikie, 8 Antitrust $251 8 Workplace safety $289 Suzanne Blaikie) 9 Fraud $239 9 Worker/workplace negligence $238 DEFENSE ATTORNEY(S) None reported (Auto 10 Employment $212 10 Premises liability $221 America Automotive Corporation, doing Source: VerdictSearch. Figures are rounded to the nearest $1 million. business as Auto America, Christopher Moreno-Vega, Jean Wilder) ONE CASE Suzanne Blaikie, personal representative of the Estate Daniel M. Novigrod, INDUSTRY: AUTO of Timothy Blaikie v. Hightower, Auto America Automotive Stratton, Wilhelm, Miami, MOTOR VEHICLE Corporation, doing FL (Penrod’s Elbo Room, Inc.) Alcohol Involvement business as Auto America, Christopher Moreno-Vega, FACTS & ALLEGATIONS On May 5, 2013, Penrod’s Elbo Room, Inc., at 2:15 a.m. Timothy Blaikie, 49, was riding Vehicle fatality robbed and Jean Wilder, No. CACE- his motor scooter on South Federal Highway 13026068 family of husband, father in Broward County when a 1983 Toyota COURT Broward County Circuit Camry driven by Christopher Moreno-Vega VERDICT $844,566,000 Court, 17th, FL collided into the back of the scooter. Blaikie recover damages for their pain and suffering, FedEx driver killed was catapulted through the air and across and loss of services, as a result of Timothy’s mother, daughter in the car windshield, fracturing his spine and death.