Thursday, February 12, 2009

Cha-Ching!

Who says Nevada juries are hostile to plaintiffs? LawyersUSA has put together its annual top 10 list of windfall jury verdicts for 2008, and Nevada jurys made the list ... twice!

Coming in at number seven, a Nevada man was awarded $60 million in a bad faith retrial:
Four years ago, a Nevada jury awarded $1.6 million to G. Clinton Merrick, then tacked on another $10 million in punitive damages. But after the 9th Circuit ordered a retrial of the punitive award, the plaintiff's team used the ensuing four years to build an even stronger case. ... The company is appealing [the subsequent $60 million verdict] ...
Yeah, why not appeal? That first one turned out well. The case's underlying facts are a pretty good read, but the plaintiff's attorney, sadly, was not from Nevada.

Nevada also holds the number ONE spot on the list with the $388 million jury award handed down in Gilbert Hyatt vs. California Franchise Tax Board (previously covered here and here). From the article:
The compensatory damages include $85 million for emotional distress, $52 million for invasion of privacy and $1.1 million in attorney fees and prejudgment interest. Eight days later, the jury voted seven to one to add $250 million in punitive damages, after finding the tax agency acted with oppression, fraud or malice.
We've received a tip regarding some recent happenings in the case:
Last week Judge Walsh ruled on all the post trial motions: She refused to reduce the amount of the jury verdict; She appointed a special master to review Hyatt's legal fees before determining an amount of fees to award; and, most importantly, she ruled that California must post a $500 million bond if it wants to appeal.
Wow! Talk about sticking it to the man. Sounds like Hutch and Bullivant Houser have this one locked up. Good job boys! It's just too bad that California is, apparently, judgment proof.

(LawyersUSA; Thanks for the tip, J)

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