Courtroom View Network just released our popular annual list of the top 10 most impressive plaintiff verdicts that CVN’s cameras covered in 2023, and we’re now excited to also present our picks for the top 10 most impressive defense verdicts of the last year.
CVN is the only news media organization dedicated to gavel-to-gavel video coverage of “real-world” civil trials. While the rest of the news media often only shows up for extended coverage of trials involving celebrities or salacious criminal cases, CVN is committed to covering the civil trials taking place week in and week out across the country that matter to the legal, educational and business communities.
Due to that commitment CVN is frequently the only news media organization to cover (let alone film) trials ending in defense verdicts, which due to an era of shrinking newsroom budgets too often fall through the cracks. CVN strongly believes the public has the same right to know when a jury rejects the claims in a lawsuit as they do when a large plaintiff verdicts hits.
CVN has been privileged to film many of the finest defense trial attorneys in the country at work, from national white-shoe powerhouse firms to smaller, venerable firms known as the “go-to” counsel in various local jurisdictions. Both plaintiff and defense attorneys, veterans and newcomers, can learn from seeing how these pro litigators deliver trial results for clients ranging from healthcare providers to insurance carriers to retailers to tobacco companies and more.
Unlimited on-demand video access to all of these trials (including all witness testimony) is included with a no-contract monthly or annual subscription to CVN’s trial video library. So are the trials from our top 10 defense picks from previous years. The only other way to see top-tier attorneys like this at work in front of real juries is to drive to the courthouse.
Among the many trials CVN covered in 2023, these are our picks for the top 10 most impressive defense verdicts based on the facts of the case, the potential for significant damages, impact on related litigation and the parties/attorneys involved. Please note we only chose from trials CVN had the opportunity to film. We understand there were many important defense verdicts across the country CVN did not know about, which is why we always welcome tips and suggestions for cases or jurisdictions CVN should keep on our radar.
Have any questions about CVN coverage, a video library subscription or anything else? Drop us a line any time. Now on the trials!
***
#1 - Poppell, et al. v. Cardinal Health Inc., et al. (Glynn County, GA)
Jury clears pharmaceutical distributor in first-of-its-kind private plaintiff opioid trial
Defense attorneys: Andrew Keys (pictured), Lane Heard, Danielle Sochaczevski, Steven Pyser (Williams & Connolly LLP), Randall Jordan (HunterMaclean), Andrew Stanner (Covington & Burling LLP), Nicholas Salter (Fox Rothschild LLP)
Link to video of the full trial
https://cvn.com/proceedings/joseph-poppell-et-al-v-cardinal-health-inc-et-al-trial-2023-01-23
Why it made the list:
Last March a Georgia state court jury cleared three drug distributors of responsibility for the fallout from opioid abuse that 21 family members of abusers suffered, wrapping the nation’s first state court, private-plaintiff trial over the opioid epidemic.
The Glynn County Superior Court jury deliberated across two days before reaching its verdict, clearing Cardinal Health, McKesson Corporation, and J M Smith Corporation against claims that they violated Georgia's Drug Dealer Liability Act and the state’s RICO statute when supplying pharmacies with opioids.
Plaintiffs, the parents, children, and siblings of opioid abusers, claim the defendants improperly distributed opioids to pharmacies, leading to abuse of the drugs and the fallout that abuse brought with it. And the month-long trial centered largely on the defendants' performance of their role in the distribution chain - receiving opioids from manufacturers and supplying them to pharmacies - and whether that led to abuse of the drugs.
Read more via the CVN News Blog
***
#2 - Allegrezza v. Monsanto (St. Louis County, MO)
Judge grants directed during Roundup herbicide trial
Defense attorneys: James Bennett - pictured (Dowd Bennett), Jennifer Lee, Rick Norris (Husch Blackwell)
Link to video of the full trial
https://cvn.com/proceedings/barbara-allegrezza-et-al-v-monsanto-co-trial-2023-09-13
Why it made the list:
A Missouri state court judge granted a directed verdict in favor of agrochemical giant Monsanto last September in a trial over cancer risks supposedly associated with their Roundup product, handing the company another consecutive trial court victory in litigation over the popular herbicide.
Judge Brian May informed the jury of his decision in a trial that began September 13th and was headed for closing arguments sometime next week. The case involved claims from plaintiff Mark McCostlin who alleges he developed non-Hodgkins lymphoma in 2017 at the age of 58 due to spraying Roundup in his yard.
Directed verdicts after a jury is empaneled and hears weeks of testimony are relatively rare, which is why even though this technically isn’t a jury’s decision it still earned the #2 spot on this year’s list.
Read more via the CVN News Blog
***
#3 - McDowell v. Ford Motor Company (Orange County, CA)
Ford lands defense verdict in lawsuit over alleged exhaust emissions in police SUV
Defense attorneys: Daniel Rodman (pictured), Patrick Fowler, David Hansen - Snell & Wilmer LLP
Link to video of the full trial
https://cvn.com/proceedings/brian-lang-mcdowell-v-ford-motor-company-trial-2023-09-05
Why it made the list:
A California state court jury returned a defense verdict last year in one of the first lawsuits to go to trial over carbon monoxide from exhaust gas supposedly leaking into the interior of Ford sport utility vehicles.
The Orange County Superior Court jury returned their verdict on October 17 in a trial that began with opening statements in mid-September. Plaintiff Brian McDowell, a former Newport Beach police officer, claimed carbon monoxide caused him to pass out and crash his Ford Explorer police vehicle into a tree in 2015.
McDowell’s attorneys told jurors the accident left him with a traumatic brain injury and injuries to his neck and back, and they suggested Ford could have detected and prevented the supposed defect with more rigorous testing, but Ford successfully argued McDowell passed out due to a seizure-like event, and that his injuries were exacerbated by not wearing a seatbelt.
Read more via the CVN News Blog
***
#4 - Kinnally v. R.J. Reynolds and Philip Morris (Suffolk County, MA)
Tobacco companies defeat claims of lung cancer victim who smoked for over 50 years
Defense attorneys: William "Bill" Geraghty (pictured), Katie Calderon (Shook Hardy & Bacon), Jason Keehfus, Dennis Murphy (Jones Day)
Link to video of the full trial:
https://cvn.com/proceedings/kinnally-v-rj-reynolds-tobacco-company-et-al-trial-2023-01-05
Why it made the list:
Philip Morris and R.J. Reynolds prevailed at trial last February over the lung cancer death of a Massachusetts woman who smoked for more than 50 years.
A Massachusetts state court jury cleared the two tobacco companies of responsibility for the death of Joanne Kinnally, who died of lung cancer in 2014. Kinnally, 71, had smoked for roughly 55 years, favoring Kent-brand cigarettes, now owned by R.J. Reynolds, and Philip Morris’ Marlboro Lights. Kinally’s husband claimed those cigarettes were defectively designed and the companies engaged in a conspiracy to hide the dangers of smoking, which he contended ultimately caused Kinnally’s fatal cancer.
Jurors also cleared DeMoulas Super Markets, Inc. of claims that the grocer sold dangerous, defective cigarettes to Kinnally.
Read more via the CVN News Blog
***
#5 - Pullman v. Schwartz MD (Los Angeles County, CA)
Renowned neurosurgeon prevails at $120M malpractice/battery trial over patient’s facial paralysis
Defense attorneys: Louis “Duke” DeHaas (pictured), Rebecca Handlin - La Follette Johnson DeHaas Fesler & Ames
Link to video of the full trial:
https://cvn.com/proceedings/david-pullman-v-rick-friedman-md-et-al-trial-2023-01-23
Why it made the list
A California state court jury returned a defense verdict last February clearing a prominent neurosurgeon of all responsibility for a patient’s facial paralysis following an operation to remove a tumor.
The Los Angeles County jury returned their verdict on February 14 following a lengthy trial that began in January. Plaintiff David Pullman sued Dr. Marc Schwartz following surgery in 2014 to remove an acoustic neuroma, a type of benign tumor that causes hearing loss and if left untreated can eventually put dangerous pressure on the brain.
Pullman accused Dr. Schwartz and the clinic he worked in at the time, The House Institute, of fraudulently pushing a form of invasive surgery that Pullman’s attorneys claimed was unnecessary and presented substantially greater risk than non-invasive “radio-knife” treatments. He also accused Schwartz of committing medical battery by allegedly violating the terms of the limited consent Pullman gave for the procedure, which Pullman maintained required Schwartz to halt the operation if the facial nerve showed any signs of damage.
Read more via the CVN News Blog
***
#6 - Wise v. Six Flags (Los Angeles County, CA)
Jury rejects $34.7M+ roller coast brain injury lawsuit
Defense attorneys: Michael Amaro (pictured), Sanaz Cherazaie - Amaro Baldwin LLP
Link to video of full trial:
https://cvn.com/proceedings/talia-wise-v-six-flags-et-al-trial-2023-08-01
Why it made the list
A California state court jury cleared Six Flags Magic Mountain of all liability last September in a long-running lawsuit alleging a roller coaster at the amusement park caused a girl's traumatic brain injury.
The Los Angeles County jury returned their verdict one day after hearing closing arguments in a trial that began on on August 4. They found in a 10-2 decision that the Green Lantern coaster did not cause injuries to plaintiff Talia Wise, who claimed the ride caused damage to her brain in 2015 when she was 13-years-old.
Wise’s attorneys sought roughly $34.7 million in damages, but Six Flags successfully argued that Wise’s medical records contradicted her claimed injuries, and that she went on to lead a productive life after the incident, including gaining admission to several colleges.
Read more via the CVN News Blog
***
#7 - Gordon v. Monsanto (St. Louis County, MO)
Jury returns Roundup defense verdict for Monsanto hours after closings in lengthy trial
Defense attorneys: Christine Miller (pictured) - Husch Blackwell, Katherine Hacker, Mark Ouweleen - Bartlit Beck LLP
Link to video of full trial:
https://cvn.com/proceedings/adams-v-monsanto-trial-2023-04-19
Why it made the list:
A Missouri state court jury returned a defense verdict last May in a trial claiming Monsanto’s popular Roundup herbicide causes cancer.
The St. Louis County jury delivered their verdict just hours after hearing closing arguments in a trial that began in late April. The case drew scrutiny from both plaintiff and defense attorneys, due to taking place in a key jurisdiction just miles from Monsanto’s former US headquarters and also in the wake of six previous Roundup trial victories for Monsanto.
The plaintiff claimed she developed a rare form of blood cancer due to exposure to glyphosate - a chemical present in the Roundup that Gordon used while gardening. Her attorneys sought $36 million in damages, accusing Bayer-owned Monsanto of continuing to sell Roundup despite knowing it posed a cancer risk - an accusation the company vehemently denies.
Read more via the CVN News Blog
***
#8 - Ledo v. R.J. Reynolds (Miami-Dade County, FL)
Jury returns $0 award in trial against R.J. Reynolds solely to determine punitive damages
Defense attorneys: Ursula Henninger (pictured), Drew Bell - King & Spalding LLP
Link to video of full trial:
https://cvn.com/proceedings/ledo-v-rj-reynolds-trial-2023-04-03
Why it made the list:
Last April a Florida state court jury handed down a $0 verdict in a punitives-only proceeding against R.J. Reynolds over its role in the 1996 throat cancer death of a Florida man.
The 11th Circuit Court jury deliberated roughly an hour before concluding the tobacco company should not pay punitive damages for the cancer death of Jose Ledo, who had smoked the company’s Winston-brand cigarettes for years.
The verdict concluded the latest chapter in the long-running proceeding. Ledo's family contends Reynolds was responsible for his addiction to cigarettes, which ultimately caused his death. In 2016, the company was found 49% responsible, reducing a $6 million compensatory verdict in that original trial to $2.9 million. A directed verdict for the defense on the issue of punitives in that trial was later reversed on appeal, leading to a 2021 punitives-only proceeding that ended in a post-verdict mistrial.
Read more via the CVN News Blog
***
#9 - Cline v. Patel (Fulton County, GA)
Physician cleared in malpractice trial over patient’s severe pancreatitis
Defense attorneys: Michael Frankson (pictured), Ryan Hickman - Huff Powell & Bailey
Link to video of full trial:
https://cvn.com/proceedings/cline-et-al-v-patel-et-al-trial-2023-06-05
Why it made the list
Jurors cleared a Georgia physician last June of liability for the devastating complications a child suffered as a result of severe pancreatitis.
The Fulton County (Georgia) State Court jury deliberated roughly five hours before concluding Dr. Nirav Patel was not responsible for the necrotizing pancreatitis one of his pediatric patients suffered in 2018. Necrotizing pancreatitis is a severe complication of an inflamed pancreas, in which the organ’s tissue dies, leading to a host of potentially life-threatening complications.
The child, who was 9 years old at the time, was admitted to Wellstar Paulding Hospital on February 6, 2018 complaining of severe abdominal pain and distension, among other symptoms. Medical personnel there suspected he suffered from constipation. Later that evening, he was transferred to Children's Healthcare of Atlanta's Scottish Rite Hospital, where Patel, a gastroenterologist and the child’s attending physician, oversaw his care.
Read more via the CVN News Blog
***
#10 - Waters v. Philip Morris, et al. (Santa Fe, NM)
New Mexico jury clears Philip Morris and convenience store chain in wrongful death lawsuit
Defense attorneys: Joseph Fasi (pictured) - Fasi & DiBello PA, Christopher Nease - Arnold & Porter
Link to video of the full trial:
https://cvn.com/proceedings/waters-v-philip-morris-et-al-trial-2023-09-20
Why it made the list:
Last October a New Mexico state court jury cleared Philip Morris and Allsup’s Convenience Stores, Inc. of liability for the oral cancer that killed a New Mexico man who smoked for decades.
The First Judicial Circuit State Court jury rejected design defect, negligent marketing, and conspiracy claims over the 2021 death of Edward “Eddie” Waters due complications related to mouth cancer.
Waters was a pack-a-day smoker by the time he was 13 and continued to smoke for decades, favoring Philip Morris’ Marlboros during that time. His family contends Philip Morris manufactured cigarettes it knew were dangerous, then conspired with other tobacco companies to hide those dangers for much of the latter health of the 20th century. The Waters' family’s claim against Allsup’s centered on selling those cigarettes.
Read more via the CVN News Blog
***
Email David Siegel at dsiegel@cvn.com
Related information
Interested in watching these trials, as well as the hundreds of other proceedings in CVN's unrivaled trial archive?
Get your FREE 7-day demo account to see how the nation's best attorneys win their biggest trials.
