Since approximately 2009, the plaintiffs’ bar has used a litigation strategy known as “Reptile Theory” to successfully win larger jury verdicts in New York and throughout the country. Those who support the strategy claim that Plaintiffs have obtained over $7.7 billion in jury awards and settlements since 2009 using this strategy. Keenan and Ball, “Reptile: The 2009 Manual of the Plaintiff’s Revolution” (the Reptile Manual); www.reptilekeenanball.com. This article discusses ways in which defense counsel can anticipate use of the Reptile Theory to diminish its effectiveness.
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