Episode Details

Episode Summary:
In this episode of Strategic Justice in Action, host Evan Mack sits down with David Senoff, a seasoned plaintiff's attorney and founder of the First Law Strategy Group, to delve into the intricacies of insurance bad faith appeals. David discusses the transition from trial verdicts to the appellate phase, highlighting the unique challenges and strategies involved. He explains how the focus shifts from emotional storytelling at trial to legal arguments on appeal, where the appellate court reviews errors of law rather than facts. The conversation covers common issues raised by insurers, such as excessive punitive damages and the difficulty of overturning trial verdicts. David also provides insight into how appellate courts evaluate evidence of insurer intent and the role of post-trial motions. This episode is essential for attorneys handling bad faith litigation, offering valuable strategies for factoring appellate risk into case strategy.

Key Timestamps:
00:01 – Introduction
00:22 – Overview of Insurance Bad Faith Appeals
01:41 – Emotional Storytelling in Trial vs. Legal Focus on Appeal
03:21 – Role of Jury Instructions in Appeals
05:00 – Errors of Law and Their Impact on Verdicts
06:21 – Common Insurer Appeals on Bad Faith Verdicts
09:48 – Standard of Review and Its Influence on Appeals
12:04 – Evaluating Punitive Damages on Appeal
14:05 – Importance of Post-Trial Motions
15:52 – Assessing Insurer Intent in Bad Faith Cases
18:08 – Factoring Appellate Risk into Case Strategy
20:43 – The Importance of Settling Bad Faith Cases

About the Show:
Strategic Justice in Action is a podcast dedicated to exploring the complexities of legal strategy and advocacy. Hosted by Evan Mack, the show features in-depth discussions with experienced attorneys like David Senoff, focusing on topics such as appellate advocacy, insurance bad faith, and public policy litigation. Designed for legal professionals and those interested in the justice system, the podcast offers insights into holding corporations and governments accountable. With a commitment to clarity and ethics, Strategic Justice in Action aims to equip listeners with the knowledge to navigate the legal landscape effectively.