States With Biggest Insurance Settlements—And Those Pushing Back

April 20, 2023 / 9:52 pm

Pennsylvania attorney Robert Mongeluzzi, a Saltz Mongeluzzi Bendesky founder, has been dubbed in the press as “the master of disasters.” He sends a 45-minute videotape consisting of case-specific liability and damages to the decision maker at the defendant’s insurance company.

“The decision maker is rarely in the room at a settlement conference or the mediation,” Mongeluzzi said. “They’re usually in some corporate tower in Chicago, New York or London. But the one time I know I can talk to them is when we have a settlement film.”

Florida attorney Curtis Mine, a Colson Hicks Eidson partner and an expert in structured settlements, said the Sunshine State “punches above its weight” in consolidating multidistrict litigation and class actions.

“The average time for completion of a civil lawsuit from filing to completion, in past years, the Southern District of Florida is ranked first or second in the country,” Miner said. “As the stakes increase, the defense strength increase.”

While both attorneys litigate differently and in different states, they both share a common thread: They routinely obtain so-called nuclear settlements and practice among the six states, including California, Florida, New York, Pennsylvania and New Jersey.

The states account for nearly 65% of the nuclear verdicts, per a U.S. Chamber of Commerce Institute for Legal Reform report.

“Nuclear settlements are a function of nuclear verdicts, and a recognition that going to trial is a risky proposition—both before and now,” said Lee Teichner, a partner at the Am Law 100 firm Holland & Knight.

Nuclear settlements, according to Robert Tyson, managing partner at Tyson & Mendes in San Diego, California, are either more than $10 million or are settlements in which non-economic damages, like pain and suffering, greatly exceed economic damages, such as medical bills.

Tyson explained to defense lawyers how to avoid runaway jury verdicts in his book, “Nuclear Verdicts: Defending Justice for All.”

This year, Tyson plans to publish a sequel with a more data-driven approach to the subject. Tyson has also developed software that uses artificial intelligence to advise insurance companies which of their cases is likely to end in nuclear verdicts.

Focus on Federal Appellate Courts
Thomas R. Kline, a founding partner of Kline & Specter in Pennsylvania, has taught at several law schools, including the Drexel University Thomas Kline School of Law. Kline routinely obtains these nuclear settlements, but objects to the name as a defense bar tactic.

Kline said there are restrictions placed in various states, which prevent jurors from returning eight-figure verdicts, which in turn prevents the lawyers from obtaining an eight-figure settlement. It is an example of the effort by insurance companies or governmental entities to restrict the damages that can be claimed and recovered.

“There’s a ‘Look what Texas is doing’ and then they try to do that in another state,” Kline said. “But each of these settlements are driven by the law in the state in which it is drawn. You can only change it in two ways: convince the highest appeals court or the legislature to change the law.”

And the stakes are high, as Miner of Colson Hicks said that future rulings by the federal appellate courts could change whether nuclear settlements continue to thrive in those six states in which nuclear verdicts abound.

Miner pointed to the U.S. Court of Appeals for the Eleventh Circuit—an outlier—which entered a ruling last week on what class representative incentive awards are allowed.

The Eleventh Circuit reversed a nearly $10 million settlement over the brain performance supplement Neuriva after finding a class member had standing to object.

The Eleventh Circuit ruling affirmed the precedent set in Johnson v. NPAS Solutions.

The appellate court held that incentive awards for class action representatives that compensate them for their time and reward them for bringing lawsuits are prohibited.

Miner cited the recent trend of success in appeals of settlements based on standing as an example of what could drive defense reform if the concept spreads outside of the Eleventh Circuit.

The result could affect where nuclear verdicts are heard and thereby, without the threat of trial, alter the jurisdiction in which attorneys obtain nuclear settlements.

“The ruling could disincentivize potential victims of consumer fraud or consumer deceptive conduct, participating in class actions,” Miner said. “They may just say, ‘Well, I just don’t want to have to put in that kind of time to do it if there’s nothing for it.”

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Colson Hicks Eidson is thrilled to announce that seven of its attorneys have been named in the 2025 edition of Florida Super Lawyers. Stephanie Casey, Dean Colson, Joseph J. Kalbac Jr., Julie Braman Kane, and Curtis Miner have been named Super Lawyers. Zachary A. Lipshultz and Sabrina S. Saieh have been recognized as Rising Stars.

Super Lawyers uses a rigorous screening process including independent research, peer nominations, and evaluations to rate lawyers. Only 5 percent of lawyers in Florida are rated by Super Lawyers, and no more than 2.5 percent of lawyers under 40 or with fewer than 10 years of practice are selected as Rising Stars.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Congratulations to Colson Hicks Eidson President and Senior Partner Lewis S. “Mike” Eidson and Partner Curt Miner on being selected by the American Association for Justice to receive a prestigious award at the organization’s annual convention.

Mike will receive the Leonard M. Ring Champion of Justice Award, which honors AAJ members of outstanding integrity and character who have demonstrated a lifelong commitment to civil and human rights. A past AAJ president and long-respected national trial lawyer, Mike has spent decades advancing justice and protecting the right to trial by jury. 

“I am honored to receive this recognition,” Mike said. “It’s a privilege to be part of a legal community that shares a commitment to protecting people’s rights and ensuring access to justice.”

Curt was part of the team of attorneys who will receive the Steven J. Sharp Public Service Award, which honors plaintiffs’ attorneys and their clients who bring cases that highlight the vital role of the American civil justice system. Curt will be recognized for his role as one of the court-appointed leaders in the Champlain Towers Condominium Collapse litigation, where he worked alongside a dedicated team of lawyers to help secure $1.2 billion in settlements for the families and victims. 

“It was one of the highlights of my career to work with the team of lawyers appointed by the Court, and our dedicated team at Colson Hicks Eidson, to help the many families that were impacted by this tragedy,” Curt said. 

The awards will be presented in July at the AAJ Annual Convention in San Francisco. Register here.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson has been recognized as one of Florida’s top four trial law firms by Chambers and Partners in the 2025 Chambers USA Guide. We’re especially honored that five of our attorneys were individually recognized for their leadership, legal skill, and commitment to our clients.

Congratulations to Stephanie Casey, Julie Kane, Lewis S. “Mike” Eidson, Roberto Martínez, and Curt Miner.

We are grateful for the recognition and thankful to our clients and peers for continuing to place their trust in us.

The rankings are a result of the firm’s exceptional track record of securing multimillion-dollar judgments and settlements for its clients in areas that include commercial litigation, medical malpractice, products liability, class actions, multidistrict litigation, and aviation and automobile accidents.

To schedule a consultation, do not hesitate to contact an attorney at our law office. We have experience in a wide variety of cases for clients located throughout the nation and around the globe.


About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson is thrilled to announce that Managing Partner, Dean Colson, has been named in the 2025 Lawdragon 100 Managing Partners Guide. Lawdragon selected attorneys based on their roles in growing, leading, and innovating their firms.

Dean is renowned as a top trial lawyer in the U.S. with 40 years of experience in complex civil litigation, personal injury, product liability, and professional malpractice. He has successfully represented large plaintiff classes and handled multimillion-dollar cases, including high-profile litigation such as the AeroPeru airplane crash and a Ponzi scheme settlement.

Dean has demonstrated a strong commitment to community service through various leadership roles. He has been actively involved with the Institute of Contemporary Art in Miami, supporting access to the arts. He’s also been president of the Orange Bowl Committee and chaired the Super Bowl XXIX Host Committee. He served on the Florida Commission on Ethics and chaired the Florida Supreme Court Judicial Nominating Commission. He previously served as President of the Dade County Bar Association and as a distinguished member of the Florida Bar Board of Governors. Most recently, the Coral Gables Community Foundation recognized Dean at its 2024 Annual Gala with the Education Award.

Click here to read the full guide.


About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

MIAMI (March 12, 2025) – Every day, the lawyers at Colson Hicks Eidson are privileged to deliver meaningful litigation results for our clients while working alongside some of the finest attorneys and people we know. We are honored that Lawdragon recognizes our dedication to our craft and are pleased to announce that all nine of our partners have been named in the 2025 Lawdragon 500 Leading Plaintiff Consumer Lawyers guide.

Lawyers for this guide are selected through Lawdragon’s process of independent journalistic research and submissions. Their selection process emphasizes lawyers who have demonstrated consistent excellence and have made notable impacts in their fields.

Click here to read the full guide.

The Firm’s recognized attorneys are listed below.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

MIAMI (March 6, 2025) – This Women’s History Month, Colson Hicks Eidson congratulates partners Julie Braman Kane and Stephanie Casey who were named Florida Trend Legal Elite NOTABLE: Women Leaders in Law for their significant contributions and leadership in the legal profession.

Stephanie was recognized for her representation of injured consumers and her skills in complex litigation, including recent successes in ERISA health insurance benefits cases. Acknowledged by Chambers USA as “an excellent lawyer,” she actively contributes to the legal community as a Board member and former President of the South Florida Chapter of the Federal Bar Association, reflecting her commitment to mentorship and leadership in the profession.

Julie was recognized for her representation of plaintiffs in high-stakes personal injury and complex class action cases, leveraging over three decades of experience. Her accomplishments include serving as lead and liaison counsel in significant multidistrict and consolidated national litigation and securing notable verdicts and settlements in products liability, medical malpractice and negligence cases. A strong advocate for the underrepresented, she has spearheaded efforts to safeguard electoral access and has held leadership roles in the American Association for Justice and the Miami-Dade Florida Association of Women Lawyers. Julie’s legal knowledge is further acknowledged by Lawdragon and Chambers USA, underscoring her significant impact on the profession and her commitment to advancing justice.

We are proud to celebrate Julie and Stephanie, whose recognition reflects their outstanding achievements and the firm’s exceptional success in securing significant judgments and settlements across various areas of law.

Read more: http://digital.floridatrend.com/december-2024/page-86

To schedule a consultation, do not hesitate to contact an attorney at our law office. We have experience in a wide variety of cases for clients located throughout the nation and around the globe.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.