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Marshall Dennehey

Strategies for Combatting Reptile Theory in Medical Malpractice Trials

Marshall Dennehey on

The Reptile Theory is a litigation strategy intended to activate jurors’ survival instincts during trial and is designed to induce fear over logic and reason when hearing a case. Rather than focusing on the standard of care...more

Holland & Knight LLP

Podcast - Expert Witnesses, Special Issues

Holland & Knight LLP on

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small discusses the challenges and strategies associated with using expert witnesses in trials. He advises against agreeing to stipulate...more

Goldberg Segalla

Fervent Defense Brings Favorable Outcome in Long-Running Malpractice Case

Goldberg Segalla on

A fervent and insightful defense waged by Goldberg Segalla partner Michael D. Shalhoub and attorney Rebecca R. Rabideau secured a defense verdict in favor of a dentist accused of malpractice in a lawsuit that dragged on for...more

IMS Legal Strategies

The Sky’s the Limit: The Many Ways Drone Footage Can Benefit Your Case

IMS Legal Strategies on

If you are like most attorneys, you think of drones in terms of their ability to capture images of large expanses of land and sea—and they are great for that purpose. But Andrew Buckley, trial consultant and a certified drone...more

Holland & Hart - Your Trial Message

Experts: Follow the Seven Commandments

I participated in a recent LinkedIn discussion on expert witnesses, with some in the conversation noting that experts are often unprepared for testimony, and often unaware of the need for better preparation. And, to...more

Holland & Hart - Your Trial Message

The Research/Practice Gap: You Should Continue to Prefer Live Testimony

I recently visited one of the Meow Wolf locations, and my feelings about the immersive art installation tracked with the typical reactions: As vivid as the pictures are, they still don’t do it justice, and you have to be...more

Holland & Hart - Your Trial Message

Address Anti-Expert Bias: 5 Ways

It has been a rough couple of years for science. Our newly-unmasked population seems to be more divided than ever about our ability to rely on science in applying systematic and neutral procedures in order to find reliable...more

Holland & Hart - Your Trial Message

Countering the Bad Expert: Don’t Expect Jurors to Deliberate Past the BS on Their Own

In my opinion, it is one of the most interesting and important areas of social science at the moment. And if it’s not that, then it’s certainly the sassiest. A group of researchers has been focused on our susceptibility and...more

Holland & Hart - Your Trial Message

Experts: Testify Remotely Without Losing Influence

So the expert has arrived in town for trial. Their testimony could come today…or maybe by Thursday, and it isn’t unthinkable that it could get pushed into next week. Meanwhile, the waiting, and the billing, continues. This is...more

Holland & Hart - Your Trial Message

Avoid ‘Glass Houses’ Arguments When Comparing Experts

This is the general sentiment I sometimes hear when one side in an opening statement is talking about the other side’s experts...more

Holland & Hart - Your Trial Message

The Wrapper and the Contents: Cross Their Expert on Both Levels

One trait of jurors is that, at the start of a case at least, they are not already savvy about the case’s subject matter. So, how do they learn? Through expert testimony. They won’t necessarily just sign-on to an expert’s...more

Holland & Hart - Your Trial Message

Stay in Your Lane (But Own That Lane)

A few days ago, after the National Rifle Association got wind of a new issue of Annals of Internal Medicine which included several articles on gun control, the organization tweeted back at the doctors: “Someone should tell...more

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