Here's an interesting article from the Star-Ledger in New Jersey: "Damage Control: Lawyers pull out the stops to increase jury awards," by Kate Coscarelli. A quote:
"Lawyers are constantly exploring new avenues," said Neil Vidmar, a professor at Duke University Law School, who has studied jury behavior and awards. "Ours is an adversary system, and a good lawyer searches for ways to try to change the nature of the case or at least present the best case. There's always this testing out whether these theories work. Some don't."
At the mid-year meeting of the American Bar Association, getting under way this week in San Antonio, several panel discussions will focus on issues related to damages. The panels include one about using experts to establish economic damages and another entitled, "Proving and Defending Against the Invisible: Psychological Injuries and Emotional Distress Damages at Trial."