A Korean drycleaner was driven out of business. It was one of those frivolous lawsuits that never happen.

Frivolous lawsuits for McDonald’s coffee had already been done.

Because at the beginning of a case, before discovery is commenced, you don’t know all the facts, and so you request all possible types of relief. Doesn’t mean you think you’ll get them, but you don’t want to foreclose the possibility before you know all the facts.

You earlier said you saw it in demand letters, and now you’re seeing it in complaints? Sounds like someone needs to get their story straight. As a defense whore, you should be better at that.

And actually, the insurers do care, because not tendering their limits in a case where the real potential for punitives exists might open them up to a bad faith claim.

You should stick with the profession you’ve chosen. You won’t sound so silly pontificating about it.

You have to be a complete and utter fool to think that insurers are worried about punitive damages in cases where there is simply no evidence of anything other than ordinary negligence.

How many demands have you received as a physician where punitives were mentioned? They’re almost never awarded in med mal, and when they are they involve drunks or drug abusers.

You’re not a fool, are you?

You’ve got a pretty low definition of “distinguished scholar.” If that’s the case, Al Gore is a “distinguished scholar” of global warming.

Disingenuous. Punitive damages are almost always a factor. Just because they are rarely awarded doesn’t mean that they don’t influence the case. They are always part of the demand, and their implicit threat is quite chilling. Punitive damages are not covered by insurance. You can be personally ruined by them.

The goal of every med mal case is not to win an award at trial. Trials are expensive and unpredictable. The goal of the plaintiff attorney is to force a settlement. The punitive damage threat is a very effective tool in their arsenal. I think you know that but are engaging in typical trial lawyer obfuscation.

Totally dishonest argumentum ad hominum.