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7 a the fine art of negotiating a lead case hb lead-conf
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7 a the fine art of negotiating a lead case hb lead-conf

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HB Litigation Conferences Lead Litigation 2013

HB Litigation Conferences Lead Litigation 2013

Published in: Health & Medicine, Technology

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  • 1. Defense Perspective The Law Offices of Frank F. Daily, P.A. 11350 McCormick Road Executive Plaza III, Suite 704 Hunt Valley, Maryland 21031
  • 2. Defense Perspective Negotiation Evaluation
  • 3. Should we settle? • • How much? When?
  • 4. Considerations • Liability • Damages • Coverage • Other factors
  • 5. BUT FIRST ... • Who's the boss? • Remember who is the client! • • • Split allegiance Allstate Insurance Co. v. Campbell, 334 Md. 381, 639 A.2nd 652 (1993). What is best for the client?
  • 6. Liability Considerations • Very bad • Very good
  • 7. Damage Considerations • • • lead levels educational issues occupational issues
  • 8. Coverage Issues • Amount - enough to cover verdict? • Erosion/Impairment of policy • "Gaps" in Coverage • Penn National Mutual Casualty Insurance Co. v. Roberts, et al., 668 F.3rd 106 (2012) • Other Litigation - More Erosion? • Notice to Client and Input from client
  • 9. Settlement Amounts • • Appropriate figure? Implications of settlement Large Settlement Small Settlement
  • 10. Is it all about the money? No ..... No ..... • Terms/Type of Release • Confidentiality • Structure • Liens (Beware!) • Discuss terms with opposing counsel!
  • 11. Thank you! The Law Offices of Frank F. Daily, P.A. 11350 McCormick Road Executive Plaza III, Suite 704 Hunt Valley, Maryland 21031