Episode Summary

John and Alicia Campbell join Ben and Rahul for a follow up discussion on the value of Big Data in preparing cases for trial.  John is joined by his business partner, fellow attorney and wife, Alicia Campbell.  John and Alicia discuss their forthcoming book, co-authored with Attorney Sean Claggett, in which they present both the science and practical uses of big data to help trial lawyers make better decisions and achieve better trial results.  In this episode, John and Alicia discuss some of the lessons learned from years of jury research and big data studies; how the data is best used to maximize value at trial; and some of the common mistakes trial lawyers make in case presentation and jury selection that can impact the win rate and verdict value in the case.

About John and Alicia Campbell

John and Alicia Campbell, Campbell Law

John Campbell, JD is a trial and appellate lawyer turned law professor turned jury researcher.

John trained as a trial lawyer under John Simon, a member of the Inner Circle of Advocates, and then went on to become a successful consumer attorney.  John’s verdicts and settlements exceed $350 million.  John has also handled appeals in the Eighth, Second, Tenth, and Fourth Circuit, as well as the United States Supreme Court and a variety of state courts.  Most recently, John served as lead counsel in a series of class actions against municipalities, including Ferguson, Missouri, who engaged in policing for profit.  The cases led to the eradication of many predatory fees targeted at minorities and the working poor.   John remains a member of Campbell Law LLC.

For eight years John served as a professor at the University of Denver Sturm College of Law.  While there, he founded the Civil Justice Research Initiative, dedicated to better understanding jury behavior through rigorous empirical research.  He continues to run CJRI at the University of Denver and teaches as an adjunct professor.

John’s academic work led to demand for him to study individual cases for plaintiff attorneys.  He ultimately founded Empirical Jury.  In only a few years, Empirical Jury has emerged as a cutting-edge firm that uses big data and scientific approaches to equip attorneys to obtain the best result possible for clients.  Empirical Jury has been involved in verdicts in excess of $550 million and is routinely called on to analyze some of the most complex consequential cases in the country.

During the Covid-19 era, Empirical Jury is also leading the way on understanding the Covid Effect through careful data gathering and analysis.  To date, Empirical Jury has surveyed over 1,200 jurors on topics relating to Covid-19, virtual trials, and jury duty.

Alicia Campbell

Alicia started Campbell Law, LLC, in 2009. Prior to that, she worked for a legal services law firm representing people in Social Security and consumer claims. Alicia decided to create her own firm so that she could handle the cases she wanted and give her clients a personal and positive experience.

Since opening Campbell Law, Alicia has tried a mortgage fraud case to verdict in 2010, and she has argued before the Court of Appeals in 2011 and 2013 about mortgage issues. In 2015, she settled a mortgage fraud case in Missouri for $1.5 million dollars. And in 2016, Alicia settled a mortgage fraud and wrongful foreclosure case in Missouri  for $4 million dollars. Alicia has also appeared in front of the Missouri State Supreme Court in 2012 and 2013 arguing on behalf of homeowners, in an attempt to change the unlawful detainer statute in Missouri. She has argued before the 8th Circuit,  and she has also argued before the Missouri Court of Appeals in 2011, 2013, 2014, 2015 and 2016.

In 2018, Alicia was lead counsel in certifying a class action against the City of Ferguson for its use of illegal and excessive fees in municipal court to generate profit.

Alicia takes on mortgage companies and banks, as well as other types of financial fraud. She has pursued mortgage fraud claims for the last 5 years and understands people's struggles when it comes to their homes. She has been voted one of the best lawyers to call "if the bank wants your house." 

She has filed individual and class cases that involve predatory lending practices and schemes by banks and small lenders. She also sues debt collectors, auto dealers, and payday lenders, and has had considerable experience in the employment context, handling employment discrimination claims.

Big Data is a fundamental part of Campbell Law.

More than perhaps any other firm in the country, Campbell Law believes that better information makes better decisions. Campbell Law believes that big data and a science based approach to cases levels the playing field and that it can make any case more valuable. Indeed, John and Alicia operate on a simple rule: Big decisions call for big data.

You can’t decide whether to settle, what jurors to select, what evidence to share, how your client plays, whether to admit some comparative fault, how much to ask for in closing argument, or any of the other myriad questions we all face by relying solely on your gut. You need real answers. And they are available with big data. The methods are now tried and true. Time and again, the methods John and Alicia have developed have accurately predicted verdict ranges and provided insights into how to win difficult cases and to maximize value.

This marriage of big data with trial law came from a happy confluence of events.

John started his journey towards big data while working as a professor at the University of Denver Sturm College of Law. There he became a well-known academic studying jurors. He is a recognized author in the field and continues to produce research to advance justice in courts and legislatures.

Alicia joined the fight as she began to study her own cases using the same principles that informed academic studies. This desire to meld scientific rigor with real world questions produced a company called Empirical Jury. As founders of Empirical Jury, John and Alicia studied cases in at least 40 states, using over 135,000 jurors, across 330+ cases. In only five years they were honored to participate in over $1 billion in verdicts and more than $2 billion in settlements.

Empirical Jury was a wonderful experience, but it was only a first step. Over the last five years, as the plaintiff bar has embraced big data, so too has the defense. PhDs in social science and statistics are now common hires at large defense firms.

So, John and Alicia decided that more was required. At Campbell Law they are driven by three future-looking goals.

To continue to use big data to help attorneys obtain, fine-grained, and powerful insights that help them best serve their clients;

To develop technological tools for the future, including jury selection software, AI that allows deeper understanding of juries, and much more;

To encourage the development of a wider body of knowledge and research regarding jurors and juries. This includes founding the Justice through Empirical Data Institute (JEDI), which will work with Arizona State University to fund important jury research that benefits all of the practicing bar.

Join Ben and Rahul for their discussion with legendary trial lawyer Brian Panish, founding partner of Los-Angeles-based trial firm, Panish Shea Boyle and Ravipudi (PSBR).  Brian discusses how the values he learned growing up and playing competitive sports through college shaped his work ethic and approach to the competition of trial practice.  Brian shares keys to success at trial and in building a world-class trial law firm.  Brian is the G.O.A.T. You don’t want to miss this episode!

About Brian Panish

One of the country’s leading trial attorneys, Los Angeles personal injury lawyer Brian Panish has obtained some of the most significant jury verdicts in United States history on behalf of plaintiffs. His courtroom victories include a $4.9 billion record verdict in the landmark products liability case Anderson v. General Motors, over 100 verdicts and settlements in excess of $10 million, six verdicts in excess of $50 million, and more than 500 verdicts and settlements over one million dollars in personal injury, car accident, wrongful death and business litigation cases.

Mr. Panish consistently serves in a leading role in the largest personal injury cases in California and the country. He currently serves as Plaintiffs Co-Lead Counsel in the Woolsey Fire litigation,  Plaintiffs Co-Lead Counsel in the Southern California Fire Cases litigation arising from the 2017 Thomas Fire and subsequent debris flows in Montecito, California, and serves on the Plaintiffs Executive Committee for the 2017 North Bay Fires in Northern California. Mr. Panish also serves as Lead Trial Counsel in the Southern California Gas Leak Cases where he led a team of lawyers in obtaining a $1.8 billion settlement from Southern California Gas Company and Sempra Energy. He previously served in leadership roles in the Asiana Airlines Crash Litigation, the Olympus Superbug CRE Litigation and DePuy ASR Hip Implant Litigation, among others.

Most recently, Mr. Panish has been retained to represent the husband and son of Halyna Hutchins, a cinematographer who was fatally shot and killed by Alec Baldwin on the movie set of ‘Rust’ in October 2021.

Since 2011, Mr. Panish has obtained more than $500 million in verdicts including, among others, a $23,720,996 bench trial award for a Southern California man and his wife after the man suffered a lower leg amputation as a result of being struck by a 28-foot utility truck while riding his motorcycle, a $21,503,420.48 verdict for a man who suffered catastrophic injuries after a vehicle illegally exiting the 405 Freeway HOV lane struck his motorcycle, a landmark $53,745,374 verdict for two Southern California brothers who were severely injured following a head-on collision with CRST big rig, a $41,864,102 jury verdict and subsequent $46,000,000 settlement for a United States Air Force Captain who suffered catastrophic injuries after being struck from behind while on his motorcycle and then dragged the length of a football field and a half by a Southern California Gas Company truck, a $36.5 million jury verdict against Schneider National for a big-rig crash that left a woman with severe spinal cord injuries, a $34.5 million verdict for a man who suffered a below the knee amputation after being hit by a tractor trailer, a $21,503,420.48 jury verdict for a Southern California man who suffered catastrophic injuries after a vehicle illegally exiting the 405 Freeway HOV lane struck his motorcycle and sent him careening across three lanes of traffic and into a passing flatbed trailer, a $17.4 million verdict for a Ph.D. student who suffered brain and jaw injuries during a rear end chain collision accident, a $17 million jury verdict against the Los Angeles MTA in the wrongful death of a visually impaired passenger, a $17.845 million award in a wrongful death case involving four family members killed when a Marine jet crashed into their home, a $20 million jury verdict for a woman who suffered a brain injury in a hit-and-run accident involving a J.B. Hunt tractor trailer, a $17 million jury verdict for a 84-year old man hit by a bus resulting in a leg amputation, a $15.3 million jury verdict for a woman and her daughter after the woman was severely injured on a negligently driven Alameda Contra-Costa Transit District bus, a $10.45 million jury verdict for the family of a security guard killed on the CBS studio lot and a $8.3 million jury verdict in the first DePuy ASR Hip Implant case to go to trial.

Because of his expertise in personal injury, wrongful death, mass tort and product liability cases, Mr. Panish has been appointed to serve on the Plaintiffs’ Steering and Executive committees in numerous high profile mass torts and major disaster cases, including litigation involving train crashes (co-lead counsel in the the Chatsworth Metrolink disaster, the Glendale Metrolink crash, and the Placentia Metrolink collision), airplane disasters (Alaska Airlines Flight 261 and Singapore Airlines Flight 006 crashes), pharmaceuticals (Vioxx and diet drugs), and defective product cases (Welding Rods, DePuy ASR Hip Implant Litigation, and Toyota Unintended Acceleration cases.)  He is currently handling numerous cases involving the Asiana Flight 261 plane crash as well as serving as Plaintiffs Co-lead Trial Counsel, representing over 7,000 clients in the Porter Ranch Gas Leak litigation.

Mr. Panish has been recognized by numerous publications and organizations as being among the top trial lawyers in the country. Some of the honors he has received include the following:

• 2023 Lawdragon 500 Leading Plaintiff Consumer Lawyers
• 2023 Lawdragon 500 Leading Lawyers in America
• 2023 Leading Commercial Litigators – Daily Journal
• 2022 Finalist for CAOC Consumer Attorney of the Year
• 2022 West Trailblazer – The American Lawyer
• 2022 Top 100 Lawyers in California – Daily Journal
• 2022 LA 500 – Los Angeles Business Journal
• 2022 Lawdragon 500 Leading Lawyers in America
• 2022 Top Plaintiff Lawyers in California – Daily Journal
• 2022 Top 100 Lawyers – Los Angeles Business Journal
• 2022 Lawdragon 500 Leading Lawyers in America
• 2022 Lawdragon 500 Leading Plaintiff Consumer Lawyers
• 2022 California Lawyer Attorney of the Year (CLAY) Award in the area of Personal Injury
• 2022 Titan of the Plaintiffs Bar – Law360
• 2021 Leaders of Influence: Litigators & Trial Attorneys – Los Angeles Business Journal
• 2021 Top 100 Lawyers in California – Daily Journal
• 2021 Top Plaintiff Lawyers in California – Daily Journal
• 2021 LA 500 – Los Angeles Business Journal
• 2021 Lawdragon Leading Lawyers in America
• 2020 Top 100 Lawyers in California – Daily Journal
• 2021 Best Lawyers® Lawyer of the Year – Mass Tort Litigation / Class Action – Plaintiffs – Los Angeles
• 2020 Lawdragon Leading Lawyers in America
• 2020 Plaintiffs Lawyer Trailblazer – National Law Journal
• 2020 Top Plaintiff Lawyers in California – Daily Journal
• 2020 Lawdragon 500 Leading Plaintiff Consumer Lawyers
• 2019 Top 100 Lawyers in California – Daily Journal
• 2019 Top Plaintiff Lawyers in California – Daily Journal
• 2019 Plaintiffs Lawyer Trailblazer – National Law Journal
• 2019 Titan of the Plaintiffs Bar – Law360
• 2019 California Lawyer Attorney of the Year (CLAY) Award in the area of Personal Injury
• 2019 Best Lawyers® Lawyer of the Year – Personal Injury Litigation – Plaintiffs – Los Angeles
• 2018 Finalist for CAOC Consumer Attorney of the Year
• 2018 Top 100 Lawyers in California – Daily Journal
• 2018 Top Plaintiff Lawyers in California – Daily Journal
• 2018 Daniel O’Connell Award – by Irish American Bar Association-Los Angeles
• 2018 Best Lawyers® Lawyer of the Year – Aviation Law – Los Angeles
• 2017 Top 100 Lawyers in California – Daily Journal
• 2017 Top Plaintiff Lawyers in California – Daily Journal
• 2017 Civil Advocate Award – by the Association of Southern California Defense Counsel (ASCDC)
• 2017 Finalist (2) for CAOC Consumer Attorney of the Year
• 2016 Outstanding Litigator – by Southwestern Law School
• 2016 Top Plaintiff Lawyers in California – Daily Journal
• 2016 Best Lawyers® Lawyer of the Year – Plaintiff’s Personal Injury Litigation – Los Angeles
• 2015 National Law Journal’s Elite Trial Lawyers Hall of Fame
• 2015 Best Lawyers® Lawyer of the Year – Product Liability Litigation – Los Angeles
• 2015 Top 25 Plaintiff Lawyers in California – Daily Journal
• 2015 Robert E. Cartwright Sr. Award (given by the Consumer Attorneys of California in recognition of excellence in trial advocacy and dedication to teaching trial advocacy to fellow lawyers and to the public.)
• 2014 Consumer Attorney of the Year – by the Consumer Attorneys of California
• 2013 California Lawyer Attorney of the Year (CLAY) Award in the area of Personal Injury
• The National Law Journal’s 100 Most Influential Lawyers In America
• Daily Journal’s Top 100 Most Influential Attorneys in California
• 2012 Top 20 Lawyers in California by The Recorder
• 2010 Trial Lawyer of the Year by the California Chapter of the American Board of Trial Advocates (ABOTA)
• 2010 Champions of Justice award from Loyola Law School
• 2010 Best Lawyers® Lawyer of the Year – Product Liability Litigation – Los Angeles
• 2009 Best Lawyers® Lawyer of the Year – Personal Injury Litigation – Los Angeles
• 1999 Trial Lawyer of the Year – by Consumer Attorneys Association of Los Angeles (CAALA)
• Top 500 Attorneys and Litigators in the United States by Lawdragon
• Top 10 Southern California Super Lawyers® (various years, including from 2009-2017)
• Listed in Best Lawyers® since 2001
• Listed in Southern California Super Lawyers® since 2004

In addition to his numerous honors, Mr. Panish currently serves as immediate past president of the prestigious Inner Circle of Advocates, comprised of 100 of the nation’s top plaintiffs’ lawyers.  He is also a Fellow in the American College of Trial Lawyers (including serving on the State Selection Committee), the International Society of Barristers, the American Board of Trial Advocates (ABOTA), and was the 2011 President of the Los Angeles Chapter of ABOTA.  He is a member of the American Bar Association (formerly a Litigation Section Board Member), the Consumer Attorneys Association of Los Angeles (formerly on the Board of Governors), and the Consumer Attorneys of California (formerly on the Board of Governors).  He also serves on the Best Lawyers® Board of Advisors.

Mr. Panish received his law degree, with honors, from Southwestern Law School, and received an Honorary Doctor of Laws degree from Southwestern in 2011. He received his B.S. from California State University Fresno, where he was named Scholar Athlete, was the recipient of the Athletic Directors Award and was named an outstanding alumnus at the school’s Centennial Celebration in 2010. Mr. Panish is licensed to practice in California, Nevada, and Texas. Submit our online contact form to request legal assistance with your claim.

Verdicts and Settlements:

The following is a list of just some of the landmark cases that Brian Panish has been involved in:

• $4.9 Billion – Anderson v. General Motors Corp.
• $3.3 Billion – LA County v. Tobacco Industry
• $58 Million – Griggs v. Caterpillar, et al.
• $55.4 Million – Lampe v. Continental General Tire
• $53.745 Million – Lennig v. CRST
• $46 Million – Lo v. Southern California Gas Company
• $39.5 Million – Freeman v. Board of the Trustees of the California State University
• $36.5 Million – Sheth v. Schneider National
• $34.5 Million – Casillas v. Landstar Ranger, Inc.
• $32.5 Million – Johnson/Allen/Cascio v. City of Beverly Hills
• $32 Million __ J.G. v. Tulare County Child Welfare Services
• $27 Million – Dominguez v. San Francisco
• $25.5 Million – Sherman v. Courrege
• $23.7 Million– Rojas v.Hajoca Corporation
• $23.5 Million – Lee v. Pupil Transportation Cooperative

Maine trial lawyers, Jodi Nofsinger and Susan Faunce join Ben and Rahul to talk about how they have joined together to form a powerhouse trial team and recently won a $6.5 million verdict in a malpractice case in Maine.  Jodi and Susan talk about their diverse backgrounds which led them to become trial lawyers and how they have worked together over the years to form one of Maine’s most successful trial teams. 

About Jodi Nofsinger

Attorney Jodi Nofsinger represents people who have been harmed by medical malpractice and those who have suffered serious personal injury. With an educational background in medicine and biology, Jodi is the rare attorney who understands both the law and science of the cases she handles.

Since joining Berman & Simmons in 1997, Jodi has earned a reputation as a tenacious and effective advocate for her clients. She is a natural competitor who thrives when representing the underdog and holding the powerful accountable.

She is also a trailblazer among Maine’s trial lawyers. In 2014, Jodi became only the 22nd trial lawyer in Maine—and only the third woman—inducted as a Fellow of the American College of Trial Lawyers. Fellowship is extended to trial lawyers who are master advocates for their clients, and whose careers are distinguished by the highest standards of ethics and professionalism.

Jodi learned about the justice system from her mother, a clerk at a federal courthouse in Rockford, IL. Jodi recalls her mother’s compassion for people with disabilities who had come to court seeking benefits that were denied by the government. At an early age, Jodi understood that a lawyer can make all the difference for people who have been wronged.

“People put themselves in your hands, often after the worst thing that has ever happened to them, and your job is to get them to the end of their case safely, and with the best result possible,” Jodi says. “As a lawyer, you have the privilege and power to make positive change in people’s lives. That is the kind of responsibility that makes you want to do better.”

Jodi obtained a Bachelor of Science in Biology degree as a pre-med undergraduate. Beginning in high school and continuing until she entered the University of Maine School of Law, she worked in the field of biology, where she conducted research in the areas of heart disease, cellular biology, and genetics.

Besides her outstanding record of success in medical malpractice and catastrophic personal injury cases, Jodi is also well known for her work on civil rights cases, such as the groundbreaking lawsuit brought on behalf of transgender high school student Nicole Maines of Orono, ME. Jodi serves on the board of directors for the ACLU of Maine and the Maine Trial Lawyers Association.

About Susan Faunce

Since joining Berman & Simmons in 2006, attorney Susan Faunce has represented clients throughout Maine who have been harmed by personal injury and medical negligence. She currently leads the firm’s mass tort practice, which involves dangerous drug and medical device litigation, and works on medical malpractice and wrongful death cases. Susan is motivated by compassion for her clients and an interest in medicine.

From a young age, Susan knew she wanted to become a lawyer, in hopes of making a significant impact on people’s lives. Today she is one of Maine’s leading personal injury attorneys and has been recognized by The Best Lawyers in America, Super Lawyers, and Benchmark Litigation.

“I was raised by a single mother who spoke limited English and I lived in an underdeveloped country as a young adult,” Susan says. “These experiences have taught me to be courageous, resourceful, and persistent. I understand that every case carries both legal and emotional aspects, and I believe every client should have a strong advocate who will work tirelessly to successfully resolve their case.”

Susan is a graduate of Bowdoin College where she majored in Government Studies and Asian Studies. After college she worked as a paralegal on high-profile intellectual property cases at a major Boston law firm. She joined the Peace Corps and served in Morocco, teaching English to local high school students and French to women in the community. Susan chose to return home to Maine and earned her law degree from the University of Maine School of Law.

Susan serves as the Androscoggin County representative on the Maine State Bar Association Board of Governors and as President of the Maine Trial Lawyers Association. She is also a board member of the Maine Justice Foundation and the Robbie Foundation, a non-profit organization that provides funding for adaptive equipment and therapies for special needs children.

Ben and Rahul talk jury selection with Harry Plotkin, a nationally renowned expert on jury selection who has picked over a thousand juries in cases across the country. Harry has been involved in many high-profile cases and ground-breaking plaintiff’s verdicts.  Harry shares his strategies for identifying favorable and unfavorable jurors and identifies areas where lawyer intuition leads to poor choices in jury selection. Harry explains how involvement of a jury consultant can increase the chances of a good result at trial.  If you are heading to trial and picking a jury, you don’t want to miss this episode!

About Harry Plotkin

Harry is a nationally renowned jury consultant and leading voice in the field of jury decision-making, psychology, and persuasion.

He has helped shape the outcome of over one thousand trials across the country in nearly every state.

$19.25 MILLION VERDICT in dangerous condition trial in Santa Cruz

        Howard v. CalTrans, February 2023

100% LIABILITY VERDICT in liability phase/fall down lift shaft trial in San Mateo

        Veimau v. Phillips, December 2022 (settled for large confidential amount before damage phase)

$45 MILLION VERDICT in public school district physical abuse trial in Los Angeles

        Wong v. Santa Monica-Malibu Unified School District, October 2022

$464.2 MILLION VERDICT in employment retaliation trial in Los Angeles

        Martinez/Page v. Southern California Edison, June 2022

$150 MILLION VERDICT in wrongful death trial in Palm Springs

        Collins v. Diamond Generating Company, July 2022

$11 MILLION VERDICT in pedestrian v. auto crash trial in Santa Monica

        Knight v. Haskell, August 2022

$34.5 MILLION VERDICT in aiding/abetting wrongful termination in Santa Cruz

        Ruvalcaba v. Keenan & Associates, May 2022

$102.5 MILLION VERDICT in public school district sexual abuse trial in San Jose

        Doe v. Union School District, March 2022

$25.7 MILLION VERDICT in medical malpractice arbitration in San Diego

        Vargas v. Kaiser Permanente, April 2022

$23.2 MILLION VERDICT in care home death (of an 81 year-old) trial in Bakersfield

        Mosley v. Pacifica Healthcare, March 2022

$10 MILLION VERDICT in "jaywalking" pedestrian death trial in Long Beach

        Garcia v. Herrera, December 2021

$7.2 MILLION VERDICT in federal airline/unruly passenger mistreatment trial in LA

        Bandary v. Delta, October 2021

$136.9 MILLION VERDICT in federal hostile work environment/race trial in SF

        Diaz v. Tesla, October 2021

$12.6 MILLION VERDICT in spinal fusion/premises liability trial

        Acosta v. Athena Management, August 2021

$6.4 MILLION VERDICT in spinal stimulator/vehicle crash trial in Orange County

        Castaneda v. Perez, September 2021

$13 MILLION VERDICT *county record* in wrongful death/product trial in rural Missouri

        Church v. CNH Industrial, November 2020

$25.6 MILLION VERDICT in dangerous condition/pedestrian stuck in crosswalk trial

        Tusant v. City of Hemet, February 2020

$17 MILLION VERDICT (with fees) in right of publicity trial in San Diego

        Hansen IP Trust v. Coca Cola, Monster Energy, February 2020

$13.3 MILLION VERDICT in traumatic brain injury trial against County sheriffs/nurses

        Collins v. County of San Diego, July 2019

$2 MILLION VERDICT in non-termination retaliation trial against a public university

        Linskey v. UC Irvine, April 2019

$6.5 MILLION VERDICT in zero-offer, coffee burn trial against a hotel

        DeRuyver v. Omni La Costa, March 2019

$7 MILLION VERDICT in 70-mph motorcyclist's wrongful death against local city

        Ascensio v. Covina, October 2018

$45.4 MILLION VERDICT in failure to prevent sexual abuse trial against local County

        F.M. v. Los Angeles County DCFS, July 2018

$2 MILLION VERDICT in non-termination retaliation trial against a public university

        Linskey. v. UC Regents, April 2019

$16.2 MILLION VERDICT in disputed slip-and-fall, disputed brain injury trial

        Kidd v. WKS/El Pollo Loco, February 2018

$25 MILLION VERDICT in product liability/wrongful death trial

        Cruz, Mathenge v. Nissan North America, July 2017

DEFENSE VERDICT ($30M+ demand) in fraud/fiduciary duty trial

        Hotze v. Hotze, October 2018

DEFENSE VERDICT ($30M demand) in fraud/elder abuse trial

        Howard v. Howard, September 2018

$25.1 MILLION VERDICT in whistleblower retaliation trial

        Babyak v. Cardiovascular Systems, April 2017

$29 MILLION VERDICT in medical malpractice trial

        Williams v. Pilapil, March 2017

$16.3 MILLION VERDICT in trip and fall trial

        Picazzo v. CW Driver, October 2017

DEFENSE VERDICT ($16M demand)in fraud/breach of contract trial

        Oregon Ice Cream v. Gleason, April 2017

$256 MILLION VERDICT in fraud/breach of contract trial

        Kahn v. Nissan, May 2017

$26 MILLION VERDICT in wrongful death (of a minor) trial

        Zisette v. Starline, November 2016

$5.3 MILLION VERDICT plus malice in negligence/molestation trial

        Doe v. Five Acres, May 2017

$27 MILLION VERDICT in wrongful death/construction site trial

        Gonzalez v. Atlas Supply, July 2016

$47 MILLION VERDICT in breach of contract/employment trial

        Stewart v. AAPS, February 2016

$2.9 MILLION VERDICT (plus malice) in wrongful termination trial

        Mackey v. Helinet, January 2016

$14 MILLION VERDICT in insurance bad faith trial

        Madrigal v. Allstate, November 2015

$7.1 MILLION VERDICT in age discrimination trial

        Simers v. LA Times, November 2015

$10.5 MILLION VERDICT in breach of contract trial

        Stelluti Kerr v. Mapei Corporation, November 2015

$3.5 MILLION VERDICT in eye injury trial versus charter bus

        Guerra v. Starline, November 2015

$9.7 MILLION VERDICT in product liability/design defect trial

        Rivera v. Volvo, August 2015

$28 MILLION VERDICT in medical malpractice/failure to diagnose trial

        Rahm v. Kaiser Permanente, March 2015

$60 MILLION VERDICT in federal wrongful death/product liability trial

        Shinedling v. Sunbeam, June 2015

$8.7 MILLION VERDICT in single-plaintiff discrimination/retaliation trial

        Leggins v. Rite Aide, July 2015

DEFENSE VERDICT in class-action bad faith trial

        Keller, et. al. v. California State University, April 2015
       Class sought $58 million in damages, plus interest

$1.75 MILLION VERDICT + MALICE in employment retaliation trial

        Wascher v. Kaiser, June 2015
       No claims for economic damages, only emotional distress

$3.3 MILLION VERDICT + MALICE in breach of fiduciary duty trial

        Colaco v. Cavotec, June 2015
       DEFENSE VERDICT on claims, won on counter-claims

$16.2 MILLION VERDICT against employer in car crash/injury trial
       Evans v. Prospect Education, February 2015
       Jury found driver was in “course and scope” while commuting

$58 MILLION VERDICT in personal injury/car crash trial

        Herman v. Cardiel, June 2014
       Verdict included $45 million in non-economic damages

RECORD VERDICT in a federal whistleblower trial

        Zulfer v. Playboy, March 2014
       $6 million verdict, plus finding of malice (settled)

DEFENSE VERDICT in product liability/wrongful death trial
       Chen v. BusWest, April 2015
       Plaintiff’s attorney asked for $57 million in closing

From his Purple Heart in Vietnam to his landmark $55 Million verdict against Marriott Hotels in the Erin Andrews trial, Nashville-based trial lawyer, Randy Kinnard leads with character. Join Ben for his fascinating discussion with Attorney Kinnard tracing his journey from West Point to becoming one of the nation’s most successful civil trial lawyers.

About Randy Kinnard

Considered One Of The Best Lawyers In Nashville, TN

As a seasoned Nashville personal injury and medical malpractice attorney, Randall L. Kinnard is a highly respected legal professional. He has been recognized by countless organizations and publications for his exceptional skill both in and out of the courtroom. Mr. Kinnard is a leading lawyer in Tennessee and has been ranked as one of the best in all of Nashville. He has recovered millions of dollars for injury victims over the years, always fighting for the maximum value of his clients’ cases.

Valuing His Clients First & Foremost

Mr. Kinnard emphasizes two things in his practice: competence and respect. He has started many initiatives that shed light on the importance of respect in life and legal practice. Mr. Kinnard truly respects his clients, treating them as a counselor and acting as a friend to them through the entire legal process.

A Strong Track Record Of Success

He stands out from other lawyers by more than just his results and commitment to respect—Mr. Kinnard is certified as a Civil Trial Specialist by the National Board of Legal Specialty Certification and Board-Certified as a Medical Malpractice Specialist by the American Board of Professional Liability Attorneys.

In his 40+ years of practice, he has recovered many record-setting verdicts for injury victims, including a $22 million jury verdict that was the largest in the state for a single person. This is what sets him apart as one of the premier plaintiff’s medical malpractice attorneys in all of Nashville. He was also able to secure a $55 million verdict for sportscaster Erin Andrews in her lawsuit against a hotel and a stalker.

Award-Winning & Nationally Recognized

Randall L. Kinnard is widely recognized by leading legal organizations as one of the region’s most talented and successful trial lawyers. He has been named to The Best Lawyers in America since 1993, Mid-South Super Lawyers every year since 2007, and received the Tennessee Trial Lawyers Association’s “Outstanding Trial Lawyer of the Year” award in 2016, among many other distinctions.

Mr. Kinnard is also one of a select group of lawyers to become a member of the Inner Circle of Advocates, an invite-only group of the nation’s top 100 plaintiffs’ trial attorneys.

The Kentucky Court Trial Review praised Mr. Kinnard's work in the legal community in a post on social media:

"Randall Kinnard, a Nashville lawyer, had quite a year. He had three really significant verdicts. This guy is good. I summarize.

January - Plaintiff told she didn't have breast cancer. She did. Led to 11 week treatment delay. $1.75 million in Murfreesboro

March - He represented Erin Andrews in her case against Marriott regarding the peephole incident. $55,000,000. Nashville.

October - Vanderbilt lost a biopsy sample. Plaintiff doesn't (and can't know) if she has cancer. $2,000,000 in Nashville. It was all emotional distress.

If I needed a lawyer in a personal injury case in Tennessee, Kinnard (pictured) would be on my short list. He's like Tyler Thompson. Only from a little further down south."

Prior to pursuing law school, Mr. Kinnard attended West Point. He served in Vietnam with the 173rd Airborne Brigade, which equipped him for success in his legal practice. He was awarded the Vietnamese Cross of Gallantry, Purple Heart, Bronze Star for Valor, and Air Medal for his two tours in Vietnam.

Community Involvement

In addition to his dedicated support of his clients, Randall Kinnard is also driven to give back to his community. Mr. Kinnard serves as a volunteer for Alive Hospice, residing on the Quality Council for the organization. In addition, he is a board member of Centerstone, a non-profit organization that helps more than 40,000 individuals with mental illnesses.

Mr. Kinnard is on the Board of Directors of Friends of Warner Parks and supports The Legal Aid Society of Middle Tennessee and the Cumberlands. While serving as Chair of Fundraising for Legal Aid, he helped raise $700,000, setting a record for the organization! Mr. Kinnard has also been a board member of his church and a dedicated Sunday school teacher. He is honored to support dozens of local and national charitable organizations.

Currently, Mr. Kinnard is in the process of founding The Children’s Justice Center, which is a non-profit organization designed to provide free legal help, advice, and court representation for children who have been abused and neglected.

Mr. Kinnard enjoys spending his free time in the outdoors. He loves running, fishing, golf, and hiking. He also enjoys reading a good book, especially on the topic of history.

Reno, Nevada trial attorney Matt Sharp specializes in holding insurance companies accountable for failing meet their obligations to their insureds.  Recently, Matt obtained a record-setting $200 million verdict against the largest health insurer in the country.  Prior to that, Matt obtained a $100 million verdict in another bad faith case.  Join Ben and Rahul for their discussion with Matt about the ins and outs of first party and third-party insurance bad faith claims—and how these cases can result in large verdicts where there is evidence that an insurance company failed to meet its obligations.  Any trial lawyer who may encounter a bad faith claim in practice cannot afford to miss this episode!

About Matthew Sharp

RENO PERSONAL INJURY LAWYER

NEVADA INSURANCE LITIGATION ATTORNEY

Over the past 15 years, Reno trial lawyer Matthew L. Sharp has represented individuals and businesses injured by the unlawful conduct of others, including negligence, malpractice, and insurance bad faith. Mr. Sharp focuses on representing clients in connection with insurance disputes, including bad faith claims, delay or underpayment of claims, or the failure to defend. In addition, he has considerable experience handling health insurance disputes, as well as disputes regarding auto insurance, disability insurance, and life insurance.

Additionally, as an experienced personal injury attorney, Matthew Sharp helps clients get money damages for auto accidents, trucking accidents, motorcycle accidents, elder abuse, and defective products.

Contact Reno accident and injury attorney Matthew L. Sharp at (775) 383-8751 to schedule a free consultation to learn more about your rights and options.

Representing Clients in Connection with Insurance Disputes

Matthew Sharp’s experience and know-how when it comes to insurance disputes is second to none. In fact, he has represented clients in cutting edge insurance litigation regarding managed care and other health insurance issues. For instance, he obtained a favorable settlement on behalf of clients injured at a subpar medical facility from a large Nevada HMO who had negligently referred patients to the facility – one of the first cases of its kind in the country.

He represents clients in insurance disputes involving all types of insurance policies, including:

• Health insurance
• Disability insurance
• Automobile insurance
• Life insurance
• Homeowners insurance
• Commercial insurance

Join Rahul and Ben for their discussion with Andrew Garza, founder of the Connecticut Trial Firm.  Andrew talks about how he started his plaintiff’s practice while working as a bartender at night to make ends meet.  He worked hard to become a better trial lawyer and to develop cutting edge approaches to developing cases and preparing them for trial.  Andrew describes how he applied these strategies recently to obtain a $100 million verdict in a negligence and product liability case tried in Connecticut State Court—the largest personal injury verdict in the State’s history.

About Andrew Garza

Biography

Personal injury clients face many challenges. After an injury, they may struggle to pay bills, find a replacement vehicle, or even obtain medical care. Time and again, insurance companies take advantage of the injured in order to increase their corporate profits. Andrew understands what it means to overcome adversity. He grew up in public housing in Groton and worked his way through college and law school by waiting tables and tending bar. He has devoted his practice to helping those who are most vulnerable to obtain justice. Andrew uses his skills to level the playing field for his clients. When he is not practicing law, Andrew is probably hosting a great party for his family and friends or building furniture in his workshop.

Education

Andrew received a Bachelor of Arts degree from the University of Connecticut. He graduated cum laude from New England School of Law, where he was a New England Scholar and served on the executive board of The New England Law Review.

Join Rahul and Ben for their discussion with Las Vegas trial lawyer, Ben Cloward (https://www.thefiercefirm.com/).  Attorney Cloward shares how his Mormon faith and commitment to service created the foundation for his career as a plaintiff trial lawyer.  Ben describes in detail how he used aggressive discovery and big data to develop and try a negligent security case on behalf of the family of a man murdered at a local housing development.  Ben talks about how he was able to identify the most compelling facts, come up with the ideal sequencing of the evidence, and rebut factual and legal defense to achieve this extraordinary result.

About Ben Cloward

In 2016, at the age of 37, Benjamin P. Cloward became the youngest lawyer in the history of the State of Nevada to be awarded the prestigious “Trial Lawyer of the Year” by the Nevada Justice Association. That same year, he became the youngest member of the Nevada, Las Vegas Chapter of ABOTA (American Board of Trial Advocates), and at the time was also the youngest person in the State of Nevada to be Board Certified as a Personal Injury Specialist. He has received many additional recognitions, including being AV-Rated by Martindale-Hubbell and receiving a perfect 10.0 by Avvo.com. He has been featured in several magazines in Nevada for his accomplishments and hard work.

Just recently, in February 2020, Ben obtained a $38 million jury verdict, which is believed to be the largest ever negligent security for wrongful death in the State of Nevada. Other verdicts Ben has obtained include a $15 million jury verdict in 2016 on behalf of a family whose disabled son, Harvey, was allowed to choke to death on a paratransit bus. That verdict was upheld in a unanimous decision after four years of contentious appellate litigation with the final judgment ballooning to over $20.5 million dollars. The defense in that case never formally offered a single penny. After obtaining the verdict, Ben continued working on the safety issue that led to Harvey’s death, and with the help of many other people, got “Harvey’s Law” passed in Nevada in 2017, which required certain training for all paratransit bus drivers to ensure others were protected. In 2016, Ben also obtained a $12.9 million jury verdict for a family whose life had been altered by a drunk driver who injured the mother and killed the daughter. He also obtained a $10 million settlement for a client who was significantly injured from a fall which resulted in a moderate brain injury. Ben has obtained multiple soft-tissue, low visible property damage jury verdicts including a $2.98 million jury verdict in 2018, a $1,075,000 verdict in 2014, and several 6 figure verdicts. In addition to obtaining significant jury verdicts, Ben has also been involved in settling over thirty cases for values ranging from $1 million to $10 million as noted above.

Ben successfully argued the Khoury v. Seastrand, 133 Nev. Adv. Op. 52 (July 28, 2016) case which was a huge victory for all injured Nevadans because it rejected the Howell doctrine, which allows negligent people who caused harm to get a discount when they hit responsible citizens who carried personal health insurance.

Ben is a graduate of the famed Gerry Spence Trial Lawyer’s College and believes as does Gerry that “It all begins with you . . .” Ben served on the board for a nonprofit company called the Loa Fund, which focuses on providing financial assistance to those who struggle with addiction to receive help through wilderness therapy and other addiction recovery programs. Ben believes that you can never truly understand another human until you have walked a mile in their shoes and that everyone should be given the benefit of the doubt and a chance to prove themselves. Ben was raised in Salem, Utah. As a young boy, Ben earned his Eagle Scout Award and after graduation from high school, he served a two-year mission for the Church of Jesus Christ of Latter-Day Saints in Louisiana.

Ben attended the University of Utah and graduated in 2005 with a bachelor’s degree in finance. He began law school at the University of Tulsa, College of Law. After his first year, Ben transferred to the University of Utah, S.J. Quinney College of Law, where he graduated in 2008. While in law school, Ben received the Outstanding Achievement Award for Teaching Law in the High School, the CALI Excellence for the Future Award for Property, and was on the Dean’s List. He also served as the President of the J. Reuben Clark Law Society and as a Judicial Intern for the then-State Court Presiding Judge, Gregory K. Frizzell, who is now a Judge for the United States District Court for the Northern District of Oklahoma. He also participated as a Note and Comment Editor for the Journal of Land, Resources, and Environment Law, where his Comment, Why has State v. Hutchinson Been Ignored? An Analysis of Why Utah Cities Lack Authority to Exact Water, 28 J. LAND RESOURCES & ENVTL. L. 433, was selected for publication.

Ben’s interests outside of work include spending time with his wife and two beautiful daughters. He also enjoys mule deer archery hunting, bass-fishing, camping, and watching the Boston Red Sox. He is active in his church and currently serves as a Stake High Councilor. He believes our highest calling in life is to help others come unto Christ.

Episode Summary:

Join Rahul for his conversation with Ben and Ben’s law partner, Taylor Asen, in which they break down recent back-to-back jury trials: one which resulted in a defense verdict and the other a $4.5 Million verdict for the plaintiff.

About Taylor Asen:

“Taylor went above and beyond during the entire case. I felt valued, respected and as if I was the #1 and only client he had.” – Adam D. (Winslow, Maine)

Taylor specializes in medical malpractice cases, trucking accident cases, and other complex personal injury cases. Except for his partner Ben, Taylor is the only Maine lawyer listed in Lawdragon’s list of top 500 plaintiff’s attorneys.

Taylor possesses a unique combination of intellect, competitive drive, and human empathy that makes him a powerful advocate for his clients. Taylor has dedicated his career to championing the interests of individuals who have suffered harm or injury from corporate misconduct, individual negligence, and bad medical care. Taylor’s efforts on behalf of injured Mainers have resulted in several of the largest case settlements in Maine history.

“Nobody is more committed to his clients than Taylor,” said Ben Gideon. “His mind is always working. It’s not unusual for me to receive a call after midnight from Taylor, wanting to brainstorm about a thorny problem or about case strategy. Taylor is also a gifted legal writer, enabling our clients to gain the upper hand in motions and briefs submitted to the courts. When it comes to the full range of personal qualities and skills needed to achieve extraordinary client results, there are few lawyers I’ve met who can match Taylor.”

A native of Maine, Taylor is a graduate of Yale Law School. At Yale, Taylor worked in the Veterans Legal Services Clinic, representing veterans who were improperly denied disability benefits. After graduating from law school, Taylor clerked for federal judges in New York City and Newark, New Jersey. Taylor began his career at a plaintiff class action firm in New York, before returning to Maine to represent individual plaintiffs in medical malpractice, truck accident and other complex personal injury cases.

“The wealthy and the powerful don’t just expect their attorneys to be good. They expect them to be the best,” Taylor says. “We aren’t interested in being ‘good’ lawyers. We expect ourselves to provide our clients representation every bit as good as America’s biggest corporations receive.”

Taylor’s wife, Becca, is the Director of Recruiting and Professional Development at Bernstein Shur. Taylor and Becca live in Falmouth, Maine with their three children, Davida, Vivienne, and Leon.