Blocking Reptile Trial Practices: Excluding Inflammatory, Improper Information Through Oral and Written Argument
Pre-Trial Motions, Trial Briefs, Motions for New Trial and Judgment Nothwithstanding the Verdict, Remedies, Preserving Issues for Appeal
Recording of a 90-minute CLE video webinar with Q&A
The CLE course will discuss how to use strategies through oral and written word to exclude "reptile" evidence and arguments from the courtroom. The program will guide counsel through effective use of pre-trial and trial strategies, motions in limine, trial briefs, and new trial/JNOV motions to exclude Golden Rule arguments, profits-over-safety themes, community savior verdicts, and the like.
Outline
- Overview of reptile approach
- Procedural motions to keep reptile questioning and argument out
- Substantive pre-trial motions to combat reptile tactics
- Substantive post-trial motions to combat reptile tactics
- Preserving error for appeal during trial motion
- Motion for mistrial
- Motion for directed verdict
- Existing and recent case law
Benefits
The panel will review these and other key issues:
- What issues and lines of questioning are best suited for written motions in limine?
- How can defendants respond to allegations that their motions in limine seek what is in effect a "gag" order?
- How can reptile theory error be best preserved for appeal?
- When can counsel seek a new trial based on reptile tactics?
Faculty
Karen L. Bashor
Partner
Wilson Elser Moskowitz Edelman & Dicker
Ms. Bashor has significant litigation and trial experience with complex litigation and catastrophic injury defense, and... | Read More
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.
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Kathryn S. (Kate) Whitlock
Member
McAngus Goudelock & Courie
Ms. Whitlock has spent her entire career defending and counseling individuals and insurance companies in professional... | Read More
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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