Defense counsel must avoid falling prey to the reptilian tactics commonly used in commercial vehicle accident claims, premises liability, and medical malpractice litigation.
Reptile tactics seek to persuade jurors that defendants have a duty to keep the plaintiff and the broader community safe, and that the defendants failed to do so. These tactics also suggest that the jury alone can restore balance and safety by delivering an unforgettable verdict. During this program, McCarter & English partner Natalie Mantell breaks down the reptile theory, examines how it has evolved, and explains how litigators can effectively disrupt it.