Description
Plaintiff attorneys use "reptile theory" to get larger plaintiff verdicts by appealing to the primal region of jurors' brains focused on safety and self-preservation. "Reptile" tactics seek to subtly lead the jury to believe that the defendant put all of society in danger and that a plaintiff's verdict is the only way to keep the world safe for themselves and others.
Its proponents credit reptile theory for $6 billion-plus in jury verdicts, including a single $50 million verdict in a wrongful death case.
To be most effective, reptilian theory tactics are deployed during every phase of a case, including discovery, opening statement, direct- and cross-examination, and closing argument. Defense attorneys must spot when reptilian tactics are being used and develop strategies for nullifying them.
Listen as our authoritative panel of litigators shares how to defend against these tactics and create the best opportunity for success at trial.
Presented By
Mr. Devine has thirty years’ experience in various types of litigation, in a career that has focused on insurance defense, asbestos, automotive warranty, personal injury, contract, labor, and real estate claims; counseling and advising national real estate companies regarding regulatory issues affecting real estate brokers and agents; and drafting contracts, deeds, wills and trusts. He has appeared in Missouri, Illinois, and the US District Courts in Eastern Missouri, Western Missouri, and Southern Illinois, as well as the Court of Appeals and the Supreme Court of the State of Missouri.
Mr. Gurbach is a diversified trial attorney that represents individuals and corporations in complex business litigation and product liability disputes across a variety of industries. He has extensive experience litigating high-stakes matters for both plaintiffs and defendants involving alleged trade secret misappropriation, intellectual property disputes, business torts, covenants not to compete, as well as claims related to breaches of contract, transportation and logistics, and product liability. Mr. Gurbach's product liability cases have involved a wide variety of products including, industrial machinery, recreational products, consumer products, and toxic torts.
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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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, June 27, 2023
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Reptilian tactics in litigation: how to spot them
- Defense strategies: from discovery through closing argument
The panel will review these and other key issues:
- What is the underlying basis for "reptilian" theory trial tactics?
- How are plaintiffs' attorneys leveraging reptile tactics to influence jurors?
- How can defense attorneys counter plaintiffs' use of reptilian tactics?
