Countering the Most Extreme Risk Aversion and Anti-Corporate Sentiment in Personal Injury Cases: Defense Strategies
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss how defense counsel can mitigate or diffuse "safetyism" in personal injury cases, which is especially prevalent in transportation, product liability, medical malpractice, environmental, and mass tort litigation. The panel will contrast safetyism with "reptile" theory, discuss how traditional defense strategies can unwittingly play into safetyism, and then offer strategies to combat it at every stage of the case. The panel will also highlight best practices for witness preparation where safetyism is expected.
Outline
- Safetyism vs. reptile theory
- Strategies for countering safetyism
Benefits
The panel will discuss these and other key issues:
- How does safetyism differ from reptile theory?
- What have some researchers identified as the three fallacies that are a part of safetyism?
- How does safetyism alter the way counsel prepares witnesses for deposition?
- Does arguing "acceptable" risk do anything other than fuel safetyism?
- How does mastering the facts of the case counter safetyism?
Faculty
Ann Marie Duffy
Partner
Hollingsworth
Ms. Duffy is an accomplished trial lawyer who has broad experience in the defense of complex civil litigation. With... | Read More
Ms. Duffy is an accomplished trial lawyer who has broad experience in the defense of complex civil litigation. With nearly 20 years of experience, she has represented companies in some of their most significant cases on a variety of claims including commercial disputes, construction claims, products liability, environmental tort, fraud, and intellectual property claims. In one of the largest cases she has tried, Ms. Duffy served as second chair in a patent infringement trial in the United States District Court for the District of Delaware in a case where total damages exceeded $2 billion. Her broad range of litigation experience includes working on highly complex cases with significant discovery and procedural issues. Ms. Duffy's cases have routinely involved multi-national discovery efforts and extensive, in-depth investigations. She also has extensive experience conducting comprehensive due diligence investigations for corporate transactions and negotiating and preparing complex agreements to protect commercial interests and
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Marchello D. Gray
Partner
Hollingsworth
Mr. Gray is a key member of the firm’s Complex Litigation, Pharmaceutical Products, and Toxic Torts &... | Read More
Mr. Gray is a key member of the firm’s Complex Litigation, Pharmaceutical Products, and Toxic Torts & Products Liability practice groups where he represents multiple Global 500 chemical and drug corporations. Bringing a real-world sense to the legal issues and problems faced by these companies in a wide range of matters, Mr. Gray has an instinctive ability to unravel the complexities of mass tort litigation into simple, straightforward themes that effectively convey our clients’ stories to judges and juries. He is experienced with all facets of the litigation process. This experience includes coordinating company-wide electronic discovery document collection and production; evidentiary and dispositive motions practice; the preparation for and defense of depositions of corporate representatives, corporate fact witnesses, and expert witnesses; defending mediation; and trial. Mr. Gray has specialized in developing the company’s science-based defense strategy and has worked extensively with the expert witnesses on report preparation, deposition testimony, and trial testimony.
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Dr. Eric Rudich, Ph.D.
Managing Partner | Senior Litigation Consultant
Blueprint Trial Consulting
Dr. Rudich is a Managing Partner and Senior Litigation Consultant at Blueprint Trial Consulting. As a social... | Read More
Dr. Rudich is a Managing Partner and Senior Litigation Consultant at Blueprint Trial Consulting. As a social psychologist, he evaluates how individuals’ emotions, perceptions, and attitudes influence their decision-making in civil and criminal litigation. Dr. Rudich regularly leverages technology to help his clients gain insight into how individuals analyze and ultimately decide his clients’ cases. He works closely with counsel to develop themes and specific language at trial, advise on visual strategies, create jury profiles and prepare witnesses. Dr. Rudich has been conducting jury research and consulted on matters for almost 20 years and has worked on over 500 cases in venues throughout the United States. He has worked on litigation involving intellectual property, insurance defense, product liability, securities, contract, anti-trust, white-collar crime, and environmental issues. Dr. Rudich has appeared as an invited guest on CourtTV and MSNBC, conducted CLEs, spoken at conferences and published several articles in leading legal journals. He has a doctorate degree in social psychology from University of North Carolina at Chapel Hill and has studied jury behavior at Duke Law School.
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