Unified Defense Strategy for Non-Economic Damages

This technical report outlines a unified defense strategy for addressing non-economic damages in trial and appellate contexts, particularly following the Texas Supreme Court case Gregory v. Chohan. The document emphasizes the importance of actively engaging with damages during trials rather than adopting a passive approach. It critiques the traditional defense strategy of remaining silent on damages, which can leave jurors influenced solely by the plaintiff's claims. Instead, it advocates for a proactive stance that includes developing a robust evidentiary record and employing counter-anchoring techniques to mitigate the impact of high plaintiff demands. The report details specific strategies for trial court, including the use of the Texas Pattern Jury Charge to guide discovery and trial tactics. It also discusses the necessity of presenting evidence that contextualizes the relationship dynamics between claimants and decedents, thereby preventing jurors from making irrational awards based solely on emotional appeals. The conclusion provides a checklist for defense strategies in these cases.