The “Reptile Theory” is a trial strategy that attempts to use fear and anger to make the jury dislike the defendant so strongly they will award a plaintiff a grossly excessive amount of damages. The plaintiff’s attorney will seek to activate the jurors’ “survival mode” instincts by presenting the defendant’s conduct as highly dangerous and worthy of punishment. The defendant’s conduct will be portrayed as a threat to the safety of the general public, and the award as a deterrent needed to protect the community at large. The Reptile Theory appeals to the jurors’ emotions in place of any rational, impartial evaluation of the evidence.

In 2008, Illinois became the first state to regulate the collection and storage of biometric information amidst the advent of pay-by-touch technologies. Nearly 13 years later, as workers across the country return to their workplaces following a global pandemic and have their temperature and other vitals screened, many state legislatures are busy enacting or amending laws pertaining to biometric data. This alert provides a survey of the existing legal landscape as well as some noteworthy developments across different jurisdictions.

Effective August 13, 2021, Oregon law requires masks, face coverings, or face shields in all indoor spaces (but not private residences) in Oregon regardless of vaccination status under Oregon Administrative Rule (OAR) 339-019-1025.

Delaware has two separate trial courts – the Superior Court, which is a trial court of general jurisdiction, and the Court of Chancery, which has limited equitable jurisdiction. This streamlined process was substantially slowed in March 2020, due to the pandemic and the series of orders implementing a judicial emergency during COVID-19. However, on June 29, 2021, Chief Justice Collins J. Seitz, Jr, of the Delaware Supreme Court signed what is hoped to be the final order extending the judicial emergency.

Can a business mandate that its employees be fully vaccinated from COVID-19 as a term of condition to their employment? The short answer is, it depends. The long answer is that a business may mandate that its employees receive the COVID-19 vaccination as long as the policy does not violate any existing statutory or anti-discrimination laws. 

The Delaware Court of Chancery recently explained under what circumstances dual claims will be allowed to proceed for both breach of fiduciary duty and breach of contract in the context of the manager of an LLC allegedly using LLC assets for his personal benefit in a manner not shared by all the other LLC members. In Largo Legacy Group, LLC v. Charles, C.A. No. 2021-MTZ (Del. Ch., June 30, 2021), the court addressed many noteworthy bedrock principles of Delaware commercial litigation.

The New Jersey Supreme Court’s recent decision in Mary Richter v. Oakland Board of Education will effectuate a sea change in the law governing disability discrimination and failure to accommodate claims under the New Jersey Law Against Discrimination (LAD).

The Texas Supreme Court recently clarified the rules related to medical billing counter affidavits, under Section 18.001 of the Texas Civil Practice and Remedies Code, and restored fair balance to the dispute of reasonable medical charges.