The “nuclear option” wasn’t to go for a big pay day, it was to go for a big pay day with a cause of action that excluded the insurance company. Lawyers on contingency are unlikely to do that, because, you know, they like actually getting paid.
I’d say the criticism of Thiel is that while he may not have committed barratry, he’s doing something pretty damn similar. Bollea’s suit was one of at least three Thiel backed against Gawker.
I’d add that the problem for Gawker wasn’t just the verdict, it’s that Florida requires that you put up a bond that covers the damages in order to appeal. That presents a problem when you want to appeal excessive damages. (Though unlike what some have implied, there was minimal forum shopping here. The case was heard in the Florida courthouse of the county Bollea is resident).
