In recent years, a recurring issue has been plaguing motor carriers, transportation brokers, and shippers involved in high-stakes, catastrophic casualty litigation. This issue is none other than the application of Reptile theory litigation tactics, a strategy which also has started to yield nuclear verdicts. This strategy’s effectiveness and the significant challenges it imposes on defendants has resulted in a pressing need for a formidable counter-approach.
For those unacquainted, the Reptile theory essentially tries to awaken the ‘survival instincts’ of the jury, making them fear that granting a decision in favor of the defense would endanger society. Defendants and their representatives, in turn, have to tread lightly to prevent playing into the plaintiff attorney’s hand.
Fortunately, there are numerous strategies to counter Reptile theory tactics, which can be effectively employed before litigation commences, or even in the midst of the proceedings. Yet, it has been observed that the implementation of these methods often requires precise planning, rigorous preparation, and a deep understanding of the Reptile theory principles and their implications.
For further insight into the Reptile theory litigation tactics and the ways to counter them, this insightful piece by Benesch provides comprehensive details and analysis. It sheds light on how to deal with this growing problem in motor transport litigation and how to work towards attaining a desired verdict despite facing such manipulative tactics.