Combating Plaintiffs' Reptilian Tactics in Commercial Vehicle, Premises Liability, Products Liability, and Med Mal Cases
Responding to Reptile Techniques During Discovery, Deposition, Voir Dire, Opening Statement, Cross-Examination, and Closing Argument

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Tuesday, March 12, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide litigators in recognizing and combating the trial strategy leveraging the so-called "reptile theory" in commercial vehicle accident claims, premises liability, and medical malpractice cases. The panel will discuss the increased use of reptilian tactics by plaintiffs' attorneys and how defense counsel can strategically confront the strategy.
Faculty

Ms. Bashor has significant litigation and trial experience with complex litigation and catastrophic injury defense, and currently serves as regional co-chair of the firm’s National Trial Team. Her practice has focused on crisis management and defending clients in high-exposure mass casualty events in virtually all areas, including mass shootings, products liability, health care, explosions and large transportation accidents. Ms. Bashor also has been engaged as monitoring counsel on behalf of insurers for these types of cases. She defends other complex and high-exposure matters involving claims for civil rights, medical malpractice, technology companies, transportation companies, aviation, premises liability for hotels and casinos, and claims involving various national restaurants and retail establishments. In addition, Ms. Bashor advises on cannabis-related risks that are excluded or limited in traditional E&O policies.

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.
Description
The infamous trial strategy called "reptile theory" has gained traction among the personal injury plaintiffs' bar and well-prepared defense counsel. The theory promotes trial tactics appealing to the region of jurors' brains sensitive to safety as a tactic to gain an advantage at trial and recover sizable verdicts.
Trial attorneys use reptilian tactics throughout litigation, and defense attorneys must understand how to identify and combat reptilian tactics.
Listen as our authoritative panel discusses the use of reptilian tactics in commercial vehicle accident claims, premises liability, and medical malpractice litigation, as well as how defense counsel can challenge these tactics to increase their client's chances of success.
Outline
- Reptilian tactics in litigation: an explanation of the theory and current trends in its use
- Defense strategies during discovery and depositions
- Pretrial strategies to limit or exclude the reptile theory
- Combating the reptile during trial
Benefits
The panel will review these and other key issues:
- What is the underlying basis for the strategy known as the "reptile theory"?
- How are plaintiffs' attorneys leveraging reptile tactics in their cases?
- How can defense attorneys spot and identify reptile tactics before they occur?
- How can defense attorneys prepare for, defend, and counter the increasing use of reptilian tactics?
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