Combating Plaintiffs' Reptilian Tactics in Commercial Vehicle, Premises Liability, Products Liability, and Med Mal Cases
Responding to Reptile Techniques During Discovery, Deposition, Voir Dire, Opening Statement, Cross-Examination, and Closing Argument
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide litigators in recognizing and combating the trial strategy leveraging the so-called "reptile theory" in commercial vehicle accident claims, premises liability, and medical malpractice cases. The panel will discuss the increased use of reptilian tactics by plaintiffs' attorneys and how defense counsel can strategically confront the strategy.
Outline
- Reptilian tactics in litigation: an explanation of the theory and current trends in its use
- Defense strategies during discovery and depositions
- Pretrial strategies to limit or exclude the reptile theory
- Combating the reptile during trial
Benefits
The panel will review these and other key issues:
- What is the underlying basis for the strategy known as the "reptile theory"?
- How are plaintiffs' attorneys leveraging reptile tactics in their cases?
- How can defense attorneys spot and identify reptile tactics before they occur?
- How can defense attorneys prepare for, defend, and counter the increasing use of reptilian 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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Alexandra McLeod
Of Counsel
Wilson Elser
Ms. McLeod has two decades’ experience in Nevada trying cases on both sides of the civil bar in front of Las... | Read More
Ms. McLeod has two decades’ experience in Nevada trying cases on both sides of the civil bar in front of Las Vegas juries. She practices with an emphasis on auto accident, transportation, premises and products liability cases, as well as catastrophic injury and large loss cases. Ms. McLeod has taken more than a dozen cases through to jury verdict with tenacious advocacy for her clients. She also has handled several matters through appeal, and has had the distinction of twice arguing before the Nevada Supreme Court and once before the Nevada Court of Appeals. While undaunted in the courtroom, Ms. McLeod excels at settlements and alternative dispute resolution; she serves the legal community as an Arbitrator and Short Trial Judge, and has handled hundreds of mediations and settlement conferences for her clients.
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