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August 12, 2024
Nevada Appears to Ignore SCOTUS on Punitive Damages

Nevada Supreme Court Affirms Massive Punitive Damages Award
Post 4853

Read the full article at https://lnkd.in/gxsBQ8QR, see the full video at https://lnkd.in/gnvhhVqG and at https://lnkd.in/gUBQvAJS, and at https://zalma.com/blog plus more than 4850 posts.

Sandra Eskew, as administrator of her deceased husband Bill’s estate, sued Sierra Health and Life Insurance Company, LLC (SHL), for insurance bad faith after SHL determined that Bill’s preferred lung cancer treatment-proton beam radiation therapy- was not covered by his health insurance plan. Because SHL refused to cover proton therapy, Bill received an alternative treatment which damaged his esophagus, causing pain and suffering for the remainder of his life. Following trial, the jury awarded the estate $40 million in compensatory damages. After a second phase of trial on punitive damages, the jury awarded $160 million in punitive damages.

In Sierra Health And Life Insurance Company, Inc. v. Sandra Eskew, As Special Administrator Of The Estate Of William George Eskew, No. 85369, Supreme Court of Nevada (August 5, 2024) the Supreme Court resolved the issues raised by the insurer.

THE APPEAL

SHL appealed, arguing that the district court erred by denying its motion for judgment as a matter of law because Sandra failed to prove the elements of an insurance bad faith claim. SHL also asserted that the district court erred by denying its motion for a new trial or remittitur because attorney misconduct and the erroneous admission of prejudicial evidence caused the jury to return a verdict based on passion and prejudice.

COVENANT OF GOOD FAITH & FAIR DEALING

It is well established within Nevada that every contract imposes upon the contracting parties the duty of good faith and fair dealing. To establish insurance bad faith, a plaintiff must show that the insurer had no reasonable basis for disputing coverage, and that the insurer knew or recklessly disregarded the fact that there was no reasonable basis for disputing coverage. A judgment will not be overturned if the jury’s verdict that an insurer acted in bad faith is supported by substantial evidence.

SHL relied on its parent company, UnitedHealthcare, program which stated that proton therapy was not medically necessary to treat lung cancer. SHL also argued that their policy was reasonable because it was consistent with the policies of other major U.S. insurers, and there is no Nevada case law stating that proton therapy must be covered.

To the contrary, it is the role of the jury to decide whether coverage under Bill’s contract was subject to reasonable disagreement. Substantial evidence was presented to the jury from which it could conclude that SHL engaged in bad faith by denying Bill’s claim as not medically necessary when it was medically necessary and SHL knew or recklessly disregarded this fact.

The jury saw evidence that SHL relied primarily on the medical policy and did not conduct a thorough investigation of Bill’s specific needs, in determining that proton therapy was not medically necessary for Bill. Overall, there was substantial evidence supporting the jury’s verdict that SHL knowingly or recklessly denied coverage without a reasonable basis. The Supreme Court concluded that there was substantial clear and convincing evidence from which the jury could find that SHL acted with oppression.

The insurer not only knew the claimant was in dire need of benefits, but also had reason to know that it was probable that the claimant would suffer unjust hardship if deprived of those benefits. A finding of oppression was amply justified and concluded punitive damages were appropriate.

The Supreme Court also concluded that the high compensatory and punitive damages award does not evince a verdict based on passion and prejudice. The almost $200 million in compensatory and punitive damages merely reflects the jury’s valuation of the extensive pain and suffering experienced by Bill due to the denial of coverage and the level of blameworthiness of SHL’s conduct. Therefore, the Supreme Court concluded the district court did not abuse its discretion by denying the motion for a new trial, nor did it abuse its discretion by declining to remit compensatory and punitive damages. Accordingly, the Supreme Court affirmed the judgment.

Justice PICKERING, J., with whom Justice LEE agreed filed a concurring and dissenting opinion which argued that a total of $200,000,000 represents excessive damages appearing to have been given under the influence of passion or prejudice. Three errors appear especially serious and the punitive damages, which are four times the amount of the special damages, are excessive and should have been substantially remitted by the district court in accordance with the SCOTUS opinion See State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S 408, 416-18 (2003).

ZALMA OPINION

In State Farm v. Campbell SCOTUS concluded that punitive damages should be limited, where there is a great amount of compensatory damages, should be limited to one time the compensatory damages. Since there was $40 million in compensatory the punitive damages should have been no more than $40 million rather than four times punitive damages. The Nevada Supreme Court was right in finding a need for bad faith damages and punitive damages but I agree with the concurrence and dissent that the Nevada Court allowed an excessive punitive damages award. Ms. Eskew will be required to pay income taxes to the US on the $160,000,000 in punitive damages and even after paying the lawyers should have enough money, invested carefully, to keep her well for the rest of her life. The punitive damages awarded was within the minimums stated in State Farm v. Campbell.

(c) 2024 Barry Zalma & ClaimSchool, Inc.

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00:09:02
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September 18, 2026
Expert May Only Testify to What Experience Supports

Insurance Expert May Not Testify to Speculative and Contains Unsupported Conclusions.

Posted on September 18, 2026 by Barry Zalma

See the full video at and at https://rumble.com/v7fmifw-expert-may-only-testify-to-what-experience-supports.html

In Michele A. Over, and The Estate Of Paul R. Over v. State Farm Mutual Automobile Insurance Company, and State Farm Fire And Casualty Company, Civil Action No. 23-cv-02243-PAB-STV, United States District Court, D. Colorado (September 14, 2026) Michele and Paul Over sued State Farm Fire and State Farm Auto over hail-damage and stolen-vehicle claims.

The operative dispute concerned State Farm Auto’s motion to exclude or limit opinions from plaintiffs’ insurance-industry expert, Aaron Castillo. Castillo.

Law

The proponent of expert testimony must establish by a preponderance of the evidence that an expert is qualified and that the opinions are helpful, sufficiently grounded, and reliably derived and applied. Experience-based opinions must explain how the...

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September 17, 2026
Convicted on 29 Tax-Refund-Fraud Counts

150 Months in Prison for Tax Fraud
Post 4846

Posted on September 17, 2026 by Barry Zalma

See the full video at https://lnkd.in/g8rh3JBX and https://lnkd.in/gmkdy-9C, In United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.

FACTS

In United States Of America v. Thomas Addaquay, United States Of America v. Thomas Addaquay, Nos. 25-10609, 25-10611, United States Court of Appeals, Eleventh Circuit (September 9, 2026) the Eleventh Circuit affirmed all challenged convictions, the 150-month aggregate sentence, and the challenged $4,123,474.55 restitution award.
FACTS

Thomas Addaquay controlled United Consolidated Accounting and Business Services (UC), nominally a check-cashing business.

The government proved a three-stage tax-refund scheme that converted the resulting refund checks into usable funds through ...

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September 14, 2026
Court Enforces Fifth Amendment & Refuses to Compel Answers

Major Fraud Perpetrator Asserts Fifth Amendment Privilege to Avoid Prosecution

Post 5489

Posted on September 14, 2026 by Barry Zalma

Fraudster Refuses to Answer Questions About His Alleged Fraud

See the full video at https://lnkd.in/gvicAMDr and at https://lnkd.in/gvicAMDr

In Great American Insurance Co. v. Gemstone Property Management, LLC, et al., No. 23-cv-9100 (LJL), United States District Court, S.D. New York (September 8, 2026) Great American Insurance Company alleged that it was defrauded through a scheme in which Subin Associates, LLP recruited individuals to stage construction-site injuries, arranged unnecessary medical treatment and litigation funding, and pursued fraudulent personal-injury claims.

Luis Manuel Garcia Salcedo, resulted in a $6 million settlement. Non-party Jose Hernandez allegedly worked as an assistant manager at Subin, operated Hernandez Associates, and owned litigation-funding companies that shared office space with Subin and provided services to its clients.

After Great American ...

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14 hours ago
Expert Report Must Be Admissible or it Will be Excluded

No Breach of Contract no Bad Faith

Post 4568
Posted on October 23, 2026 by Barry Zalma

A Party Cannot Designate One Witness While Submitting An Undifferentiated Product Of That Witness And An Undesignated Collaborator.

Post 4568

In Dustin Cain; Amanda Cain v. State Farm Fire and Casualty Company, No. 25-60442, United States Court of Appeals, Fifth Circuit (October 16, 2026) Dustin and Amanda Cain sought homeowners’ insurance benefits after a tree fell on their Mississippi home on August 27, 2022. State Farm concluded that the tree caused only a roof puncture and that other damage resulted from excluded long-term conditions. It paid $10,042.90 and later an additional $3,130.08.

The Cains relied on an engineering report and contractor estimate asserting substantially greater damage, sued for breach of contract and related relief, and designated Sean Fee as their sole expert. Fee’s report and a later repair estimate were jointly authored with Jim Irmiter, but neither document identified which opinions, work, or ...

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October 22, 2026
John Madden and The US Patent and Trademark Office

Blockchain Fraud Detection Loses Protection

Posted on October 22, 2026 by Barry Zalma

John Earl Madden (April 10, 1936 – December 28, 2021) was an American Professional Football Coach and Sports Commentator in the National Football League Seeking Patent & Trademark Protection

BLOCKCHAIN FRAUD

Mr. Madden was more than football. He was working to establish a program called “Fraud Protection Systems, Methods, and Computer Programs for Blockchain Financial Transactions.”

In Ex parte John Madden, Appeal 2026-001497, Application 18/495,506, Technology Center 3600, United States Patent and Trademark Office, Patent Trial and Appeal Board (October 14, 2026)

The Examiner rejected claims several numbered claims under 35 U.S.C. § 101 as directed to an abstract idea without significantly more.

THE LAW

Section 101 makes patentable any new and useful process, machine, manufacture, or composition of matter.Laws of nature, natural phenomena, and abstract ideas are implicitly excluded.

THE PATENT TRIAL AND ...

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October 21, 2026
Supervisory Officials are not Individually Liable

Sovereign Immunity Defeats Suit Against Police Officers

Post 4866

Posted on October 21, 2026 by Barry Zalma

In Chad Lightfoot, et al. v. Progressive Direct Insurance Company, et al., Civil Action No. 26-434, United States District Court, E.D. Louisiana (October 9, 2026) Chad Lightfoot was involved in an Orleans Parish automobile accident in 2011 and filed claims with several insurers, including Progressive.

After a related civil dispute, Progressive counsel allegedly submitted a false affidavit stating that Lightfoot had fraudulently received a $50,000 payment. A New Orleans police detective relied on the affidavit to obtain an arrest warrant, and Louisiana State Police Lieutenant Alan Arcana allegedly reported that Lightfoot had received the payment. Lightfoot was arrested in 2015 and charged with theft, insurance fraud, and perjury.

Plaintiffs alleged that no record of the payment existed and that the criminal charges were dismissed on October 15, 2024.

Lightfoot and Geralyn Hawkins filed suit in October 2025 and ...

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