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TLU Case Analysis

TLU Live Vegas 2024 REPLAY - Employment Trials: Key lessons learned from 5 consecutive 8 or 9 figure employment verdicts PARTS 1 & 2

David deRubertis

David deRubertis

Registering for this webinar will give you access to watch both parts. Part 1 will be played on Mar 12th, and Part 2 will be played on Mar 13th.

In just over the last two years, David deRubertis has achieved a historic and unprecedented string of employment-related jury verdicts.For five clients over four consecutive trials, deRubertis has secured jury verdicts of $422.5 million, $42.2 million, $41.49 million, $20 million and $11.205 million.These were not cherry-picked cases: the total aggregate pre-trial offers on these five cases combined was about $2 million; but the jury verdicts totaled over $537 million.The cases ranged from retaliation for reporting harassment and sexual harassment to whistleblower retaliation to failure to accommodate and age discrimination.In each case he secured punitive damages, two of the verdicts were the largest jury verdicts in the country for the year they were tried, and all but one was a record-setting verdict for either the type of case or venue (the one non-record-setting was still the largest employment jury verdict in the country in 2023).In this two-hour session, deRubertis will share his retrospective key take-aways from this string of verdicts focusing on the techniques and strategies that he applied in all of these cases to produce these results.This interactive lecture presentation will cover the topics generally, but use specific examples from some of these cases to illustrate the techniques.The session will cover topics such as:

  • Framing the liability theory around the most indisputable core truths that lead directly to full damages, while streamlining by cutting the fat from the case to preserve the credibility of your story and your role in telling it.
  • Carrying those core truths into surgical adverse witness examinations so that the adverse witnesses have two choices: admit your story or, if not, lose all credibility by denying it.

  • Trying the lie…that is, exposing the intentional deception behind the defense’s position, story and defenses and using that deception to ensure the jury sees which side is telling the truth so that you win the comparative credibility contest between the two sides.
  • Focusing the jury early and often on the importance of punitive damages to change behavior and effect positive social change.
  • Securing large verdicts for human harms and losses even without economic damages or compelling and emotional impact-on-life testimony from the plaintiff.

Participants will be asked to review certain written materials in advance of the session to have a basic understanding of the various cases that deRubertis will use to illustrate the techniques he employed to achieve this string of jury verdicts. By reviewing the materials in advance, it will allow the full two hours to be used to demonstrate the techniques. The session will be a lecture-based session with some demonstration, but questions and interaction with the audience will be welcomed.