Nevada Trucking Association continues shining a light on a battered legal system, with CEO Paul Enos becoming an evangelist for fending off destructive tactics employed by personal injury attorneys.
His campaign extends beyond trucking and related industries, to educate policymakers and the public about lawsuit abuse. A new video produced by the association explains how a financial services industry has sprung up around the personal injury field. “Lawsuit Loan Sharks” (posted nearby) reveals how a torrent of lawsuits are fed by selling litigation loans as investments.
This Summer, NTA hosted a legal forum examining the relationship between lawsuits and insurance rates, a recent subject of study by the American Transportation Research Institute. Much industry attention has been given to the effect of nuclear verdicts, ATRI director Rebecca Brewster emphasized the impact coming from smaller, more routine claims.
The “reptile theory” was widely adopted by plaintiff’s attorneys following publication of this book.
But the cornerstone of the effort is the Mongoose Method, training intended to help business managers to perform better under tough questioning from litigators. A year into its existence, the Mongoose Method has gained national attention.
Enos launched the Mongoose Method last year to counter a tried-and-true formula perfected by litigators following the publication of “Reptile: The 2009 Manual of the Plaintiff’s Revolution.” The program has generated intense interest – Enos recently led a Mongoose webinar that drew more than 1,300 attendees. Mongoose Method training days have taken place in several states.
The training explains how “reptile” tactics used by plaintiff’s attorneys shift a jury’s focus from the facts surrounding an accident with injuries. Instead, they paint even the most safety-conscious defendant as sloppy or indifferent. Often, they raise business practices or policies that have nothing to do with the case. They dwell on issues that stir emotional rather than rational reactions. Consistently, reptile tactics have delivered verdicts that far exceed reasonable compensation for the damages.
Mongoose Method teaches how to recognize and respond to hectoring and irrelevant questions.
The method drew fire this month from the Academy of Truck Accident Attorneys, which staged a counter-training called “Caging the Mongoose: The ‘Newest’ Method Used by Defendants to Avoid Accountability.”
Mongoose does no such thing, says Enos. Nobody in the business is looking for a way to dodge responsibility when they cause injuries. The Mongoose Method simply seeks to put the scales of justice back into balance. But he’s pleased that the adverse parties have noticed.
Mongoose trainings have been led by experts in jury behavior from Courtroom Sciences, Inc. It was a presentation by the company’s Bill Kanasky that inspired Enos to develop the Mongoose Method. Kanasky is a trained psychologist and is senior vice president of Litigation Psychology for Courtroom Sciences.
This article was originally published in Motion & Purpose.