#275 - Challenges and Opportunities in Trucking Litigation Today

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.