The Reverse Reptile: Rethinking Traditional Defense Strategies and Antidotes
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 these 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.
- 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
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?
E. Stratton Horres, Jr.
Wilson Elser Moskowitz Edelman & Dicker
Mr. Horres is an accomplished litigator who has more than 40 years of experience behind his practice, which is focused... | Read More
Mr. Horres is an accomplished litigator who has more than 40 years of experience behind his practice, which is focused on crisis management and defending clients in catastrophic and high-exposure mass casualty events in virtually all areas. Cases have included mass shootings, commercial, products liability, health care, wildfires, explosions, transportation incidents of all kinds and construction collapse matters. In addition, he frequently is engaged as monitoring counsel on behalf of insurers in these kinds of cases.Close
Kathryn S. (Kate) Whitlock
Wood Smith Henning & Berman
Ms. Whitlock has spent her entire career defending people accused of not doing their jobs right. Whatever the... | Read More
Ms. Whitlock has spent her entire career defending people accused of not doing their jobs right. Whatever the accusation, defendants trust she has their back. She works tirelessly to untangle complicated issues to protect the reputations and livelihoods of her clients. Ms. Whitlock aims to resolve litigation or disputes promptly so that her clients can get back to focusing on what they do best – their work. She is highly-sought by individuals and insurance companies to defend professional liability litigation. In claims arising from on-the-job conduct involving malpractice, breach of fiduciary duty, sexual misconduct, errors and omissions, bad faith, improper design, professional discipline, or something else, Ms. Whitlock is steadfast in her commitment to vindicate her clients. She has an in-depth understanding of the nuances of defending individuals and their organizations from nearly all professions.Close