Paul Benson, a partner at Michael Best & Friedrich LLP, has noted the increasing prevalence of nuclear verdicts in so-called Judicial Hellholes, where multi-million and even billion-dollar awards have become common. This observation was made in a blog post dated January 14.
"The 2024-2025 edition also lists at least three key litigation trends," said Benson. "the increasing prevalence of nuclear verdicts, with multi-million and even billion-dollar awards becoming the norm in Judicial Hellholes. junk science plaguing courtrooms, particularly in asbestos and talc cases, leading to unjustified verdicts. lawsuits based on junk science evidence emerging this past year, threatening to undermine established medical science."
The 2024-2025 Judicial Hellholes report, published by the American Tort Reform Association (ATRA), highlights legal trends influencing verdicts, particularly those related to automobiles. It points out that Georgia courts continue to enforce the seatbelt gag rule, which prevents juries from considering seatbelt use as evidence in crash-related cases. Meanwhile, California remains a significant litigation venue due to its consumer protection laws and high-dollar verdicts affecting the automotive industry.
According to the U.S. Chamber of Commerce’s Institute for Legal Reform (ILR), nuclear verdicts—defined as jury awards exceeding $10 million—have been increasing in both frequency and size. The median award between 2013 and 2022 was $21 million, with an average of $89 million. ILR research attributes this trend to tactics such as jury anchoring and the "reptile theory," which influence juror perceptions and inflate damages. The rise in nuclear verdicts has led to higher business costs, increased insurance premiums, and broader economic consequences for companies and consumers alike.
Investopedia reports that car insurance premiums in the United States rose by 12.7% in 2024, with the average annual cost expected to reach $2,101 in 2025. Factors contributing to this increase include more expensive car repairs, an uptick in risky driving behaviors, and increased litigation.
Benson is an experienced attorney with over three decades of expertise in product liability defense, toxic tort defense, class action litigation, and multi-district litigation (MDL). He has defended cases involving industrial accidents, pharmaceuticals, medical devices, consumer products, and toxic substances. Benson has argued cases before the Wisconsin Supreme Court and the Seventh Circuit Court of Appeals and has been recognized by Chambers USA, Benchmark Litigation, and The Best Lawyers in America.