NEW MARATHON STRATEGIES REPORT FINDS RECORD NUMBER OF NUCLEAR VERDICTS AGAINST CORPORATE DEFENDANTS IN 2025

Nearly 200 jury verdicts of $10 million or more defied renewed tort reform efforts, surging 40.7% and totaling more than $25.6 billion 

NEW YORK, Aug. 18, 2026 /PRNewswire/ -- High-stakes litigation reached a new peak in 2025 despite renewed tort reform efforts, as corporate defendants faced a record number of "nuclear" verdicts, according to new research released today by Marathon Strategies. The report identified nearly 200 jury verdicts of at least $10 million against companies, the highest annual total since Marathon began publishing this report in 2023. This was a 40.7% increase over 2024 that resulted in more than $25.6 billion in total awards.

These findings show that nuclear verdicts continue to grow in frequency, size, and reach, affecting more industries than ever before and reinforcing what Marathon describes as one of the defining trends in the U.S. civil justice system. For the second consecutive year, juries returned more than 40 "thermo-nuclear" verdicts exceeding $100 million, including four awards topping $1 billion.

"The growth in corporate nuclear verdicts is no longer confined to a handful of jurisdictions or industries," said Phil Singer, Marathon's founder and chief executive officer. "These cases are becoming broader, more frequent, and increasingly difficult for companies to predict or prepare for. Organizations across virtually every sector should view this as a long-term shift in litigation risk, one that requires not only stronger legal strategies, but also proactive communications planning to mitigate the significant reputational damage these cases can inflict."

Key findings from the report include:

• 68 industries were subject to at least one nuclear verdict in 2025, compared with 55 industries in 2024 and 48 in 2023. Beverage companies saw the highest aggregate verdicts at $3.8 billion, followed by pharmaceuticals and automobiles at $2.9 billion each; hotels, restaurants, and leisure businesses at $2.3 billion; fertilizers and agricultural chemicals at $2.2 billion; banks at $894 million; and oil and gas companies at $892 million.

• Products liability cases remained the dominant driver of large verdicts, accounting for $12 billion across 29 cases. Worker and workplace negligence and intellectual property disputes each generated approximately $1.39 billion across 14 cases, while trade secrets litigation continued to accelerate, producing more than $1.42 billion in 10 cases after Marathon identified it as an emerging risk in last year's report. In 10 cases after Marathon identified it as an emerging risk in last year's report.

• The verdicts were geographically diverse, spanning 28 states and 97 courts. Georgia led the nation with $4.9 billion in verdicts, fueled by two multibillion-dollar liability cases. Nevada, Texas, California, and Florida rounded out the top five jurisdictions.

• Nuclear verdicts in Florida spiked despite new laws. After sweeping tort reform legislation enacted in 2023 appeared to reduce nuclear verdict activity the following year, the state rebounded into the nation's top five in 2025 with 20 nuclear verdicts across a wide range of case types, including products liability, wrongful death, breach of fiduciary duty, environmental claims, and commercial litigation.

State Tort Reform Efforts Accelerate as Legislatures Target Litigation Practices
At the same time, Marathon found that states remained active in pursuing litigation reform. Eight states enacted significant tort reform legislation during 2025, making it one of the busiest years for state-level civil justice reform in the past two decades. The reforms included greater transparency for third-party litigation financing, limits on certain trial tactics, reinstated damage caps, and restrictions on attorney fees. Marathon found no major state legislation enacted during 2025 that would significantly expand potential verdict amounts beyond existing law.

New Litigation Risks and Rising Plaintiff Activity Point to Continued Growth in Nuclear Verdicts
Looking ahead, Marathon expects the trend to continue in 2026. Surveys of corporate legal departments indicate that pretrial settlements are becoming more difficult because of rising litigation costs and higher settlement demands. Meanwhile, attorney advertising now exceeds $2.5 billion annually, with plaintiffs' firms increasingly turning to podcasts, influencers, and social media campaigns to recruit claimants and shape public opinion.

Emerging legal risks including PFAS ("forever chemicals"), generative artificial intelligence, deepfake and synthetic media, climate attribution, and algorithmic liability are also expected to become an increasingly significant source of future nuclear verdicts.

"The legal environment continues to evolve in ways that increase exposure for businesses, and litigation communication strategies must evolve with it," said Singer. "Companies that understand these trends and have communications plans in place before litigation begins will be better positioned to manage legal and reputational risk."

Methodology
Marathon Strategies compiled this report through a new review of verdict data, state and federal court records, media reports, and other sources. Thousands of cases were analyzed using the National Law Review's VerdictSearch, LexisNexis' Jury Verdicts & Settlements database, and hundreds of state and local court record databases. Key corporate defendants in each case were sorted by sub-industry according to the Global Industry Classification Standard (GICS) structure.

About Marathon Strategies
Marathon Strategies is an independent public relations firm that delivers intelligent communications and research solutions for the world's top corporations, brands, and associations. We specialize in reputation management, communications, crisis and issues management, creative content, and digital strategy. For more information, visit: marathonstrategies.com.

SOURCE Marathon Strategies