The Litigation Psychology Podcast

In this podcast, CSI Litigation Consultant Dr. Bill Kanasky discusses the destructive role that emotion can play in witness deposition testimony. Emotion kills cognition and sends witnesses into a fight or fight response (the amygdala hijack). In this podcast, Dr. Kanasky shows examples of emotional witnesses and discusses how CSI's experts use neurocognitive training to prepare witnesses to stay...

In this special edition of The Litigation Psychology Podcast, Trucking Litigation Attorney Doug Marcello interviews Dr. Bill Kanasky on the subject of nuclear verdicts. They discuss the definition of a nuclear verdict and what causes a nuclear verdict to occur, including the impact of Reptile and witness testimony on nuclear verdicts. Doug and Bill also take a deep dive into the importance of usin...

In this episode, CSI Litigation Consultant Dr. Bill Kanasky discusses the goals of deposition testimony, while addressing the issues with "pivoting" and why its such a poor strategy. Dr. Kanasky also shares examples of poor deposition testimony along with examples of great testimony to highlight the differences and how to achieve them. To watch the video version of this podcast: https://www.courtr...

Demographics (age, gender, political affiliation, occupation, etc.) are not predictive of juror behavior and decision-making. Instead, juror attitudes, beliefs, experiences, and personality traits are what most influence how jurors will evaluate a case. Understanding these deeper characteristics requires a different, more scientific approach to voir dire, particularly with jurors you will encounte...

In recent years, American politics have been highly polarized. CSI's Litigation Consultants recently conducted research on the extent to which jurors’ political affiliation “matters,” and illustrates why jurors’ political orientation must be considered within the context of other social and psychological factors to maximize the effectiveness of  jury selection  strategy. In this episode of The Lit...

The Litigation Psychology Podcast welcomes Dale Paleschic, Managing Partner at Luks, Santaniello, Petrillo & Cohen in Tallahassee, FL. Dale and Dr. Bill Kanasky discuss the challenges of deposition and witness testimony of different types of healthcare professionals, including nursing staff and foreign-born physicians. Plus, they talk about why healthcare professionals, especially nurses, are...

The guest for this episode of The Litigation Psychology Podcast is Georgianne Walker, Partner at May Oberfell Lorber. Georgianne talks to us about the challenges of preparing foreign-born physician witnesses for testimony and the concerns and anxieties of some foreign-born physicians. She also discusses the challenges of working as a female attorney and her advice for younger, early career female...

Dr. Bill Kanasky interviews St. Louis defense attorney Tad Eckenrode, Partner at Eckenrode-Maupin, about medical malpractice litigation, preparing doctors, physicians and healthcare professionals for testimony, and juror perceptions of healthcare workers in the COVID-19 era. To watch the video version of this podcast: https://bit.ly/336z1uZ.

This episode of The Litigation Psychology Podcast highlights a topic that doesn't get very much attention: the Reptile Opening Statement. Dr. Bill Kanasky discusses how Reptile attorneys build an opening statement and how a defense attorney needs to be prepared and respond. Dr. Kanasky also provides an explanation of Primacy and Recency Effects, as well as the top miscues by defense attorneys in t...

On this episode of The Litigation Psychology Podcast, Dr. Lorie Sicafuse and Dr. Steve Wood discuss the topic of attorney credibility. Dr. Wood has researched attorney credibility for a number of years and shares his insights on the importance of the credibility of both plaintiff and defense attorneys to jurors during the litigation process. They discuss what jurors see that makes them believe tha...

This video episode of The Litigation Psychology Podcast features Dr. Bill Kanasky and Dr. George Speckart discussing the hot topic of nuclear verdicts and nuclear settlements. Dr. Kanasky and Dr. Speckart wrote an extensive article on the nuclear verdict phenomenon and talk about their insights and analysis. To watch the video of this podcast: https://bit.ly/2zmCuJk.

Mike Bassett, Senior Partner, The Bassett Firm in Dallas, TX joins The Litigation Psychology Podcast to discuss a number of topics in trucking litigation including the challenges with preparing truck drivers for testimony, how to manage the relationship with drivers and the on-going problem of nuclear verdicts. In addition, Mike shares his thoughts on what the industry can do to prevent these nucl...

Trucking Attorney Mark Perkins of Perkins and Associates joins this video edition of The Litigation Psychology Podcast to discuss jury selection for trucking defense in light of catastrophic events in Louisiana such Hurricanes Katrina and Hurricane Rita, the BP Oil Spill and now COVID-19! To watch the video of this podcast: https://www.courtroomsciences.com/r/vYe

On this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky is joined by attorneys Steve Fleischman and Rob Wright of Horvitz & Levy to discuss a topic that doesn't get much attention: Reptile Theory and its impact during the appellate process. Steve and Rob are experts on this topic and offer their insights on how reptile affects their work with clients and in court. 

A very special guest joins The Litigation Psychology Podcast - DeMaurice Smith, Executive Director of the National Football League Players Association (NFLPA). De Smith discusses how NFL players are coping with COVID-19, his extensive experience as a trial attorney, including the art of storytelling in front of a jury and the importance of crisp, effective witness testimony at trial. De also descr...

In this video episode of The Litigation Psychology Podcast, Dr. Bill Kanasky gives an overview of what occurs when a witness "loses their mind" during testimony and what can be done to prevent these meltdowns. Witnesses are particularly vulnerable to plaintiff reptile attacks which prey on witnesses that have not been trained effectively to avoid these traps through advanced neuro-cognitive traini...

This video episode of The Litigation Psychology Podcast features an interview with Doug Marcello, Trial Attorney, Marcello & Kivisto. Doug and Dr. Bill Kanasky discuss numerous topics around trucking and transportation litigation including the challenges of preparing witnesses for testimony, particularly truck drivers and the ever-increasing nuclear verdicts and nuclear settlements,. They also...

This video episode of The Litigation Psychology Podcast features an interview with Liz Skane, Partner with Skane Wilcox. Liz and Dr. Bill Kanasky discuss the impact of COVID-19 on litigation and juries and the continued presence of reptile in litigation and its effect on nuclear verdicts. Liz and Bill also talk about the exposure companies are creating for themselves with their COVID-19 messaging,...

This video edition of The Litigation Psychology Podcast features CSI Litigation Consultant Dr. Alyssa Parker discussing her experiences with preparing witnesses for deposition in trucking litigation. Dr. Parker also talks about the process of preparing healthcare workers for deposition, as both of these personas have specific needs and challenges that must be overcome before testimony. To view the...

In this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky provides an introduction to the Reptile Theory and Reptile Attack. Dr. Kanasky shares background on where and how the Reptile Theory began, why its been so incredibly successful, and gives multiple examples of how witnesses fall for the Reptile tricks and traps. Also covered are how Reptile attacks can be avoided through advanc...

This video episode of The Litigation Psychology Podcast features two guests: Matthew Moffett, Partner with Gray, Rust, St. Amand, Moffett & Brieske, LLP and Dr. Lorie Sicafuse, CSI Litigation Consultant. Matt and Lorie join Dr. Bill Kanasky to discuss virtual depositions, the exposure that is being created by COVID-19 communications sent by businesses, and the on-going challenge of nuclear ver...

This video episode of The Litigation Psychology Podcast features Dr. Bill Kanasky interviewing Kurt Spengler, Partner at Wicker Smith, on topics in the trucking industry including the increase of technology in the industry and the increase in nuclear verdicts. They also discuss the lack of communication within the trucking and transportation industry and amongst the defense bar in general, the cur...

This video episode of The Litigation Psychology Podcast features Sean Murphy, Practice Leader of the CSI Critical Communications team, explaining the difference between Critical Communications and PR, plus the impact that COVID-19 is having on the reputation of the trucking and transportation industry. Sean and Dr. Bill Kanasky also discuss the critical mistakes and missteps that companies are mak...

This video episode of The Litigation Psychology Podcast features Tim Yeary, Transportation Producer, with an insurance agency that specializes in the trucking industry. Tim discusses his thoughts on COVID-19 safety rule changes, nuclear verdicts in the trucking and transportation industry and the impacts of technology in trucking industry. Plus, we cover the continued presence and challenge of the...

This video episode of The Litigation Psychology Podcast features CSI Litigation Consultant Dr. Steve Wood discussing his experiences with preparing trucking and transportation industry witnesses and the dangers of reptile attacks in trucking witness preparation. Dr. Wood also offers his insights on how juror perceptions of truck drivers and the trucking industry may shift in light of positive COVI...