Combating Plaintiff Reptilian Tactics in Complex Litigation: Discovery, Voir Dire, Direct and Cross-Examination

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.

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Wakenya Kabui

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