BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Monday, July 15, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

The CLE course will discuss how to use strategies through oral and written word to exclude "reptile" evidence and arguments from the courtroom. The program will guide counsel through effective use of pre-trial and trial strategies, motions in limine, trial briefs, and new trial/JNOV motions to exclude Golden Rule arguments, profits-over-safety themes, community savior verdicts, and the like.

Faculty

Kathryn S. Whitlock
Attorney
McAngus Goudelock & Courie LLP

Ms. Whitlock has spent her entire career defending and counseling individuals and insurance companies in professional liability, products liability and premises liability matters. She represents those in the legal, insurance, real estate and education fields. Ms. Whitlock is highly-skilled in the courtroom and alternative dispute forum; she has tried over 100 cases to jury verdict, bench decision and final arbitrator award in state and federal courts. She has been recognized in her practice by The Best Lawyers in America© and Georgia Super Lawyers, and was named among America’s Top Lawyers by The American Law Society in 2018.

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Alexandra McLeod
Of Counsel
Wilson Elser, LLP

Ms. McLeod has two decades’ experience in Nevada trying cases on both sides of the civil bar in front of Las Vegas juries. She practices with an emphasis on auto accident, transportation, premises and products liability cases, as well as catastrophic injury and large loss cases. Ms. McLeod has taken more than a dozen cases through to jury verdict with tenacious advocacy for her clients. She also has handled several matters through appeal, and has had the distinction of twice arguing before the Nevada Supreme Court and once before the Nevada Court of Appeals. While undaunted in the courtroom, Ms. McLeod excels at settlements and alternative dispute resolution; she serves the legal community as an Arbitrator and Short Trial Judge, and has handled hundreds of mediations and settlement conferences for her clients. 

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Description

"Reptile theory" is a challenging and often-discussed plaintiff's trial strategy. It subtly encourages jurors to envision themselves in the same situation as a plaintiff but with the power to "save" the plaintiff, themselves, and the community from future harm by awarding a large verdict.

Much has been written and discussed about oral defenses against reptile strategy, such as during depositions and witness examinations, as well as during opening and closing. But there are also powerful tools and strategies that can be wielded in defense of this strategy: counter anchoring numbers on damages, humanizing the corporate defendant, motions in limine, trial briefs, and motions for new trial/JNOV, among others.

Knowing these strategies and how to present them, including drafting these motions and briefs carefully and precisely, allows defense counsel to neutralize common arguments from plaintiffs. By establishing that specific questions and evidence are part of the reptile strategy, defense counsel can counter the plaintiff counsel's moves at every turn and prevent the reptile's bite.

Listen as this experienced panel of trial attorneys explains how effectively written papers can augment other anti-reptile defenses and how counsel can draft winning papers.

Outline

  1. Overview of reptile approach
  2. Procedural motions to keep reptile questioning and argument out
  3. Defending reptile depositions
  4. Substantive pre- and post-trial motions to combat reptile tactics
    1. Preserving error for appeal during trial motion
      1. Motion for mistrial
      2. Motion for directed verdict
  5. Existing and recent case law

Benefits

The panel will review these and other key issues:

  • What issues and lines of questioning are best suited for written motions in limine?
  • How can defendants respond to allegations that their motions in limine seek what is in effect a "gag" order?
  • How can reptile theory error be best preserved for appeal?
  • When can counsel seek a new trial based on reptile tactics?