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The Litigation Psychology PodcastAuthor: litpsych
The Litigation Psychology Podcast presented by Courtroom Sciences, Inc. (CSI) is a podcast for in-house and outside defense counsel and insurance claims personnel about the intersection of science and litigation. We explore topics of interest to the defense bar, with a particular emphasis on subjects that dont get enough attention. Our hosts are experts in Clinical Psychology, Social Psychology, and scientifically-based jury research with a wealth of knowledge about psychology, science, jury research, human behavior, and decision making, which they apply in the context of civil litigation. Language: en Genres: Business, Science, Social Sciences Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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The Litigation Psychology Podcast - Episode 275 - Challenges and Opportunities in Trucking Litigation Today
Episode 277
Monday, 25 August, 2025
Trucking defense attorney Doug Marcello joins Bill Kanasky, Jr., Ph.D. to discuss the latest in trucking litigation. Doug provides a “state of the union” update on where the industry has been, where it is now, and where it needs to go. They address recent tort reform efforts in states like Georgia, Louisiana, and South Carolina, and the importance of leveraging those reforms effectively. An important point that Doug and Bill highlight is the continued lack of collaboration among defense attorneys compared to the highly coordinated plaintiff’s bar, which continues to share strategies nationwide. Doug and Bill emphasize the need for defense teams to be more proactive, from filing first to secure favorable jurisdictions, to preparing witnesses early, and by using focus groups early to test case themes, witness credibility, and damages strategies before mediation. They highlight the benefits of repeated testing and retesting to refine approaches, rather than relying on gut instincts or past case experience. The discussion also covers the importance of simple, compelling storytelling in openings and closings, counter-anchoring damages with reasonable and well-justified numbers, and making strategic concessions to build credibility with jurors. Doug and Bill stress that winning doesn’t always mean a defense verdict — reasonable settlements and mitigation of liability and damages can be victories when approached the right way. Finally, they analyze the Texas Supreme Court’s Warner decision, which reaffirmed the necessity of proximate cause in negligence cases and rejected the idea that simply being present at the scene is enough for liability. Both agree that the ruling provides clarity and is a positive outcome for the trucking industry.
