Identifying Jurors Who Are Susceptible To The Reptile Strategy

Law360 (February 15, 2019, 3:57 PM EST) -- In the decade since David Ball and Don Keenan published their book "Reptile: The 2009 Manual of the Plaintiff's Revolution," the "reptile" strategy they proposed has become a staple of every successful plaintiff attorney's playbook. The strategy is founded on the principle of fear — convincing jurors that the defendant is a threat to them and to their community.

Attorneys using the reptile strategy establish the existence of universal "safety rules" by which every responsible individual or business abides: "Products should be safe," and "Businesses shouldn't needlessly endanger the public." They argue that following such rules is the only way to...

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