Defeating Reptilian Tactics in Construction Litigation
Responding to Reptile Techniques During Discovery, Deposition, Voir Dire, Opening Statement, Cross-Examination, Closing Argument
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide construction litigators in recognizing and combating the trial strategy of leveraging the so-called "reptile theory" in construction claims. 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: explanation of 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 important 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
William S. (Bill) Thomas
Co-Founder, Principal
Gausnell O’Keefe & Thomas
Mr. Thomas has tried more than 60 cases to verdict. His practice is diverse, with an emphasis in complex litigation. In... | Read More
Mr. Thomas has tried more than 60 cases to verdict. His practice is diverse, with an emphasis in complex litigation. In addition to his trial practice, Mr. Thomas is actively involved in a number of professional organizations. He is a former president of the Lawyers Association of St. Louis, the local trial bar. He is active in the Defense Research Institute, (DRI), serving on its Products Liability Committee, and that committee’s Building Products and Power Tool Specialized Litigation Groups, where he has spoken at DRI conferences. He is active in the DRI’s Construction Committee, and Professional Liability Committee, where he serves on their Design Professional Subcommittees.
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Tami G. Vail
Managing Partner
Kahana & Feld
Ms. Vail’s practice includes significant and diverse civil litigation and trial experience. She regularly... | Read More
Ms. Vail’s practice includes significant and diverse civil litigation and trial experience. She regularly represents governmental entities in personal and catastrophic injury, wrongful death and employment matters, as well as law enforcement and security personnel in civil rights claims. Ms. Vail also represents contractors, business owners and various professionals in complex business and contract disputes. Her practice further includes handling malpractice actions for professionals in the insurance and real estate industry, and liability matters for hotels, health clubs and restaurants. Ms. Vail’s successes include both jury trials and settlements. Her ability to thoroughly assess factual information in a calm and direct manner while analyzing potential exposure leads to satisfactory dispute resolution.
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