Our Nuclear Verdicts Practice Group represents the pinnacle of legal strategy and comprehensive risk management for mass torts, catastrophic injury, and wrongful death litigations posing potential nuclear verdict risk. By seamlessly integrating our trials, insurance recovery, and appellate practices, we deliver unparalleled legal representation designed to mitigate catastrophic financial exposure.
Strategic Approach
We are adept at defending against nuclear verdicts—extraordinary monetary judgments that can fundamentally threaten an organization's financial stability and reputation. Nuclear verdicts in mass torts, catastrophic injury and wrongful death cases are trending upward. To minimize risks associated with nuclear verdicts, our multidisciplinary team combines:
- Sophisticated trial advocacy to neutralize potentially devastating claims;
- Precision insurance recovery strategies to maximize protective coverage; and
- Advanced appellate expertise to challenge and potentially overturn extreme judgments.
Our practice group offers a holistic approach to managing these high-risk litigation matters, including proactive case assessment and strategic planning, aggressive courtroom representation, refined insurance policy interpretation, and meticulous development of appellate preservation and post-trial motion strategies.
We leverage deep legal experience, data-driven insights, and innovative litigation techniques to protect our clients' financial interests and organizational integrity in the most challenging legal environments.
Communications
- Proactively Managing the Risk of Nuclear Verdicts, presented to ACC Global, June 18, 2025.
- The Nuclear Verdict Case, presented at the Texas Insurance Academy, June 6, 2025.
- Safeguarding Corporate Interests Against Nuclear Verdicts, presented to Dallas Bar Association – Corporate Counsel Section monthly CLE, June 3, 2025.
- "A Defense Lawyer's Perspective on Trying High-Stakes Civil Causes in the Era of Nuclear Verdicts," presenter, Litigation Counsel of America (Renaissance Symposium XVIII), The Harvard Club of New York City, December 6, 2024.
- "Appellate Review of Non-Economic Damages: Thoughts in Response," co-author, Texas Bar Journal, January 2024.
- "The Use of Scattergrams to Challenge Extreme Verdicts: A Case Study," co-author, The Texas Lawbook, September 19, 2023.
Representative Experience
- Secured a favorable damages verdict—less than 2% of the nuclear demand—in a Pierce County, Washington trial for a leading home- and community-based healthcare services company against plaintiff’s wrongful death claims.*
- Secured a complete defense verdict from a Texas jury for a medical device company in a catastrophic injury case in which plaintiff sought tens of millions of dollars in damages. Listed by the Courtroom View Network in its Top 10 Most Impressive Defense Verdicts of 2022.*
- In a series of lawsuits arising out of an explosion at a refinery, successfully obtained complete dismissals of 400+ mass tort plaintiffs, negotiated a $25,000 total settlement for 90+ additional plaintiffs, and settled four critically injured plaintiffs’ claims for 17% of their opening demands. Additionally, sought and obtained insurance recovery for multiple million-dollar settlements of seriously injured plaintiffs.
- Obtained reversal from the Texas Supreme Court of a $14 million products liability judgment arising out of a fire because the plaintiffs’ expert’s causation testimony was scientifically unreliable. The Court held that both Texas tests for reliability -- the “analytical gap” test and the Robinson-factor test -- typically should be used in evaluating expert testimony, and that an expert must offer a convincing explanation for failing to test critical aspects of his theories when such testing is possible. The Court rendered a take-nothing judgment for our client.
- After being hired post-verdict to handle the appeal of the largest actual damages award for an injured worker in Texas history, we persuaded the trial court to grant a historic $117 million remittitur, reducing the plaintiffs' award from $353 million to $235 million. Then, after the filing of our opening appellate brief, we obtained a mediated settlement for a fraction of the original verdict.
- Represented AT&T in a traumatic brain injury case in plaintiff-friendly Harris County, Texas, which involved multiple demands totaling more than $50 million. With zero financial contribution from AT&T, we settled all claims against AT&T and the incumbent electric provider, to whose poles AT&T’s lines were attached. And we recovered 96% of AT&T’s defense costs (approximately $1 million dollars) from the carrier who funded the settlement.
- Currently serve as lead counsel in the Houston First Court of Appeals in an appeal arising from a $557 million verdict in a wrongful-death case.
*Representations were handled prior to the practice group member joining Haynes Boone.

Trachtenberg Quoted in Law360 and The Texas Lawbook on 'Nuclear Verdicts'
May 15, 2024