Irrational Thinking in Personal Injury Trials: Effectively Countering Emotional Arguments
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss how counsel litigating claims arising from commercial vehicle accidents, toxic exposure, and other personal injury claims can recognize, leverage, and counter emotional thinking by the jury. The panel will discuss the prevalence of illogical thinking and show how to harness or confront it during all phases of the case.
Outline
- Emotional thinking and why it can be effective
- Uncertainty and certitude
- Us vs. them
- Power/choice vs. lack of control
- Understanding how these beliefs benefit listeners
- Finding ways to make jurors recognize faulty thinking
Benefits
The panel will review these and other essential steps:
- How to recognize arguments based on emotions
- How to neutralize emotional thinking
- How to recast and replace emotional thinking
Faculty

Robert E. Johnston
Partner
Hollingsworth
Mr. Johnston's practice focuses on trials and appeals of complex litigation matters, with an emphasis on... | Read More
Mr. Johnston's practice focuses on trials and appeals of complex litigation matters, with an emphasis on defending pharmaceutical product liability litigation and on prosecuting insurance coverage disputes for corporate clients. In 2015, he was selected by Corporate America Legal Elite for Best in Product Liability Litigation-Washington, DC.
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Matthew J. Malinowski
Partner
Hollingsworth
Mr. Malinowski focuses his practice on highly complex, "bet the company" trials and litigation. He has... | Read More
Mr. Malinowski focuses his practice on highly complex, "bet the company" trials and litigation. He has defended corporate clients in serial mass tort litigation and trials, including both state and federal multi-district litigation. Mr. Malinowski specializes in the areas of medical device and pharmaceutical products liability defense, multiple plaintiff serial trials and related litigation, high-stakes financial and commercial contract disputes, high dollar lost business value and business interruption claims, and putative class action and mass groundwater and soil contamination cases.
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