The release of "Reptile: The 2009 Manual of the Plaintiff's Revolution," by David Ball and Don Keenan brought the "reptile theory" litigation strategy to the forefront for plaintiffs' attorneys in trucking cases. This theory attempts to redefine the standard of care in negligence cases by persuading jurors to find in a plaintiff's favor to protect the community and themselves, as opposed to properly considering whether the plaintiff is entitled to damages under applicable legal standards. 

This approach to jury persuasion encourages plaintiff's attorneys to appeal to the "reptilian" portion of juror's brains, i.e., that which "impels the juror to protect himself and the community." The book's release preceded an explosion of "nuclear verdicts" of over $10 million per case in trucking cases from 2010 through 2020, where juries were awarding plaintiffs' damages that were grossly disproportionate to their injuries, which were raising insurance premiums for trucking companies nationwide and threatening the trucking industry's sustainability at large.