This morning, the 8th Circuit ruled in favor of Matthew D. Quandt and Steve Lydick‘s clients, fully adopting their arguments and affirming Judge Buescher’s decisions from the District of Nebraska. The rear-end accident occurred on Interstate 80 in September 2019. Defendant driver accidentally rear-ended multiple vehicles in a construction zone, causing three deaths and additional injuries. He was sentenced to prison. Two fatalities were reasonably resolved early. The final fatality went into extensive litigation. First, Matt obtained partial summary judgment on the parents’ and unadopted stepdaughter’s $3,000,000 negligent infliction of emotional distress claims. Next, after unsuccessful mediations, a settlement was compelled using a novel legal theory and mechanism. Nebraska’s workers compensation statute allows the court to “determine that the settlement offer is fair and reasonable considering liability, damages, and the ability of the third person and his or her liability insurance carrier to satisfy any judgment.” Plaintiff’s worker’s compensation provider and Defendants submitted evidence, including a neutral mediator’s affidavit and economist’s report, to support and request a $5,000,000 settlement. Plaintiff objected and argued for a “verdict in excess of $10,000,000.” The District of Nebraska agreed with the $5,000,000 valuation and compelled settlement. Plaintiff appealed to the 8th Circuit and also argued for additional post-judgment interest. Briefing occurred in 2024 and early 2025. Oral arguments were held in Omaha in May 2025. In its Opinion, the 8th Circuit agreed with Matt’s arguments: Plaintiff lacked subject matter jurisdiction on the motion for leave to assert punitive damages, Defendants’ expert expert trumped Plaintiff’s, the “economist issue” was Plaintiff’s own wrongdoing, and Plaintiff’s attorney’s conduct estopped post-judgment interest.