Tag Archives: jury trial

The Reptile’s In Our Midst – Defending against the “Triune Brain” trial strategy

swordshield

As you’ve surely heard by now, the plaintiffs’ bar has come up with a can’t-miss-science-based trial strategy. Its creators boast that it has produced over $6.25 billion in jury verdicts and settlements in personal injury suits since 2009, including nearly $19.2 million in the past week alone. And they’ve given their strategy a name; it’s called: The “Reptile Theory.” While there are many who dispute its claimed scientific basis (hereherehere), defendants who’ve squared-off with the Reptile don’t doubt its effectiveness. Continue reading

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Filed under Best Practices, Court Decisions, Risk Management

Plain language to the rescue?

Knights in shining armour

Imagine if you will, you are the founder and CEO of ABC, Co., a small to midsize company that’s been sued for millions of dollars in a breach of contract action. Next imagine that, just before sending the jury out to deliberate, you heard the judge say to them:  “It is up to you to decide what ABC, Co.’s obligations were under the contract.”  Feeling queasy? Well, here’s the kicker:  your company wrote the contract.

Recently, a scenario just like this one played itself out in a Chicago courtroom. How’d it turn out, you ask? Read on. Continue reading

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Reptile Theory: Lipstick on a lizard

Lipstick
Is the “Reptile Theory” now slithering through civil trial courts across the U.S. truly a product of science or something else? Its critics view it as lipstick on a lizard. Its creators promote it as a can’t miss scientifically based trial strategy for obtaining huge jury awards and settlements in civil litigation. Think of it what you will, but if you are likely to ever be a defendant in a civil trial, don’t ignore it. Continue reading

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Filed under Court Decisions, Resolving Disputes