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Defending reptile theory

WebSep 19, 2024 · The Reptile Theory strategy hinges on jurors’ so-called “reptilian” region of the mind, which is biologically sensitive to danger. The concept can be attributed to ex-theatrical director, David Ball and plaintiff attorney Don Keenan, as described in their book Reptile: The 2009 Manual of the Plaintiff’s Revolution. WebJan 21, 2016 · The Reptile strategy is now a “ubiquitous threat to defendants across the nation,”2 and plaintiffs’ firms are self-proclaimed “strong believers” in it.3 Currently, the Reptile Theory’s ...

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WebJun 14, 2024 · The Reptile Theory—by name—is well over ten years old and was popularized by Atlanta-based plaintiff’s lawyer Don Keenan, and jury consultant David Ball, Ph.D. in their well-known book Reptile: the … WebFeb 15, 2016 · Defending Against The Reptile. In 2009, Don Keenan and David Ball authored a book entitled Reptile: The 2009 Manual of the Plaintiffs Revolution, which arguably glamorized jury nullification and created a "new" trial strategy for plaintiffs' lawyers across the country known as the "Reptile Theory." It is based on a plaintiff's attorney ... brandt plumbing nj https://ramsyscom.com

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WebDefendants referred to Reptile Theory in making their motion. Id. The court acknowledged that the Reptile Theory encourages plaintiffs to appeal to the passion and prejudice of … WebThe “Reptile Theory,” originally developed by Don Kennan, Esq. and jury consultant Dr. David Ball, is a method that is being utilized by the plaintiff’s bar across the United States. The strategy has appeared in medical malpractice, product liability, commercial trucking, and general tort actions. As this theory is frequently encountered ... WebLimiting Reptile Arguments, By Appeal And Otherwise There is nothing new under the sun. Ecclesiastes 1:9. The “reptile” theory is the latest advocacy rage for the plaintiff’s bar. The appellation stems from a book (and related seminars) by David Ball (a trial consultant) and Don Keenan (a plaintiff’s lawyer) entitled Reptile: The 2009 ... brandtova 24

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Category:Defense attorneys seek antidote to ‘reptile theory’ courtroom tactics ...

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Defending reptile theory

The Reptile Theory Lexis® Legal Advantage

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Defending reptile theory

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WebHow Reptile Strategy Works “Safety Rule + Danger = Reptile” • Plaintiff attorneys identify a safety rule and show the jury that defendant’s violation of that rule puts themselves … WebThe Reptile Theory The Reptile Theory is not about asking about the facts of the case but about convincing a jury that thedefendant is a hazard to their safety. Plaintiff’sattorneys …

Reptile theory was first articulated by David Ball and Don C. Keenan in Reptile: The 2009 Manual of the Plaintiff’s Revolution. It posits that humans have a primitive portion of the brain, similar to reptiles, that is conditioned to pursue safety and survival. On this basis, plaintiffs’ counsel often use reptile theory … See more Many reptilian arguments are, at bottom, improper golden rule arguments. They seek to have jurors put themselves, friends, and loved ones in the plaintiff’s shoes and offer a … See more Reptilian tactics also can confuse and mislead the jury regarding the applicable legal standards. Plaintiffs’ attorneys may, for example, seek to introduce evidence of internal safety rules … See more Plaintiffs’ counsel often rely on “profits over safety” themes. In doing so, they intend to trigger the reptilian portion of a juror’s brain, creating the impression that the defendant sacrificed safety to make more money. The … See more In sum, defense attorneys need to be mindful of reptilian theory and proactively seek to prevent the use of the strategy throughout the case. In-house counsel also have an … See more WebJun 14, 2024 · Reptile theory questions are designed to allow a claimant’s attorney to testify through a defendant’s witness answering a question with a simple “yes.” …

WebNov 13, 2024 · Defending Against 'Reptile Theory' Trial Strategy in Tort Litigation. Gregg D. Minkin and Jedidiah M. Bernstein write: It is imperative that the Defense bar in New …

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WebDefending Against the Reptilian Theory to Avoid Extra-Contractual Damages in Cases Involving Catastrophic Injuries I. Introduction to Bad Faith ... Ann T., Ph.D., “A Brief Primer on the Reptile Theory of Trial Strategy: Plaintiff Psychology and the Defense Response,” 2015 5 Id. 6 David Ball & Don Keenan, Reptile: the 2009 Manual of the ... svu free online episodesWebMay 30, 2024 · Crafting an Effective Response. Reptile theory motions in limine typically have two components. First is an overbroad request for general restrictions on how trial counsel present their case-in-chief. … brandt\u0027s creekWebTo confront the reptile theory head-on, you need your witness to do three things: (1) understand the “reptile theory,” (2) prepare, and (3) follow four rules. Since its … brandt susana z. mdWebJan 21, 2016 · The Reptile strategy is now a “ubiquitous threat to defendants across the nation,”2 and plaintiffs’ firms are self-proclaimed “strong believers” in it.3 Currently, the … svu guidelinesWebApr 29, 2024 · The theory is that the elemental, or “reptile,” part of the brain lashes out in response to danger. In a trial, the theory goes, jurors will respond in kind in the face of corporate safety lapses. brandt susana z mdWebOct 2, 2024 · When the Reptile theory is employed successfully, one little sound bite in a video deposition can do just that. To avoid this viper pit, company witnesses are taught trigger words to look for and given tips to sidestep the reptiles. But that is not enough. There must be a strategy for company counsel and witnesses to use offensively: a mongoose. svu gaming episodeWebPlaintiffs, : v. : Case No.: 446210-V. MELISSA LONG, et al. : Defendants. : PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION IN LIMINE TO PRECLUDE "GOLDEN RULE" OR OTHER IMPROPER "REPTILE THEORY" TACTICS. Now comes the Plaintiff, by and through their attorneys, Laura G. Zois, Rodney M. Gaston, Justin Zuber, and Miller & … brandt \u0026 robbins jc tn