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Making It Stick: Damage Awards That Survive Appeal

Master damage awards that withstand appeal. Learn to strategically evaluate, present, and defend compensation, ensuring your verdicts stick.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Aug 6, 2025
Making It Stick: Damage Awards That Survive Appeal

What You'll Learn

check_circleUnderstand CPLR 5501(c) judicial review framework.
check_circleDistinguish between excessive and inadequate awards.
check_circleIdentify factors influencing pain and suffering verdicts.
check_circleLearn how to effectively brief and argue CPLR 5501(c).
check_circleAppreciate the impact of appellate review on trial outcomes.

About This Course

Join Appellate Division Justice Lourdes Ventura and appellate counsel Seth Weinberg for this must-see course on sustainable value.

They will review the process of sustaining a verdict and will provide an in-depth overview of the real sustainable values of common types of injuries in New York courts.

This program offers a comprehensive exploration of CPLR 5501(c), the unique New York statutory scheme governing judicial review of pain and suffering verdicts. We'll trace its origins, explore its application by state and federal courts, and demonstrate how litigators can strategically leverage this statute.

Key topics covered in this course include:

  • The historical context and evolution of CPLR 5501(c) from the "shocks the conscience" test.
  • The concept of "material deviation from reasonable compensation" and its practical application.
  • Factors considered by appellate courts when reviewing pain and suffering awards, such as injury nature, severity, permanency, and plaintiff demographics.
  • Insights into the role of editors and remitters in adjusting jury awards and their implications for retrials and waivers.
  • Strategies for identifying and effectively using comparable appellate division cases, considering factors like recency, appellate department variations, and life expectancy.
  • Distinctions between awards for single injuries versus combined injuries, and the "main injury" driver concept.
  • An in-depth analysis of specific case examples across various injury types, including ankle, shoulder, hand, back, paralysis/quasi-paralysis, brain injuries, and significant burn cases, illustrating the range and trends in sustainable values.
  • Best practices for briefing and oral arguments when presenting CPLR 5501(c) issues on appeal.
  • The impact of CPLR 5501(c) on settlement negotiations and how to forecast potential verdict ranges.

Upon completion, you will gain a profound understanding of how appellate courts assess pain and suffering awards, equipping you with the knowledge to craft more robust and appeal-resistant damages claims, or to effectively challenge those that deviate materially from established norms.

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Hon. Lourdes  M. Ventura
Hon. Lourdes M. Ventura

Associate Justice of the New York State Supreme Court, Appellate Division

Justice Ventura is currently serving as an Associate Justice of the New York State Supreme Court, Appellate Division, Second Judicial Department, and formerly served on the historic all-woman bench in the Appellate Term of the Supreme Court for the 2nd, 11th, and 13th Judicial Districts. Justice Ventura also serves as a member of the New York Pattern Jury Instructions (Civil) Committee. Justice Ventura is the Immediate Past President of the Latino Judges Association, the Treasurer of NYSBA’s Judicial Section, and a board member of the Supreme Court Judges Association of the City of New York, as well as the Judges and Lawyers Breast Cancer Alert. She is a graduate of SUNY Buffalo Law School and is an emeritus member of the Dean’s Advisory Council.

Seth  Weinberg, Esq.
Seth Weinberg, Esq.

Attorney at The Law Offices of Seth M. Weinberg, PLLC

After graduating from Touro, Seth began his law career as a litigation associate at one of Long Island’s largest law firms, eventually becoming the firm’s head of the appellate unit. He then joined a boutique law firm dedicated to handling appeals and litigation strategy and became a partner at that firm. In addition to his practice, Seth has served on several committees. He is a Reporter for the New York State Committee on Pattern Jury Instructions (Civil), and a member of the Association of Supreme Court Justices, where he helps revise the PJI. He was also a member of NYSBA’s CPLR Committee and a former co-chair of the Suffolk County Bar Association’s Appellate Practice Committee.

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Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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