Molly McKibben

Bruce Broillet · Molly McKibben

Erin Andrews, sports journalist and television host, was videotaped nude by another hotel guest through the peephole of her hotel room at the Nashville Marriott at Vanderbilt University while getting dressed for work. The individual who videotaped her uploaded the video to the internet. Erin sued the individual who did the videotaping and the hotel where the incident took place. The hotel claimed that it knew nothing about what the hotel guest had done, had nothing to do with the video, and was not involved or even aware of the wrongful act. Rather, the hotel claimed that the videotaping and dissemination had been done by a hotel guest completely on his own and without hotel knowledge or involvement. The hotel further claimed that what happened was not foreseeable to the hotel. The Nashville jury returned a 55 million dollar verdict, apportioning 51% against the person who did the videotaping/uploading and 49% against the hotel. The full trial was followed by the media internationally and resulted in significant improvements to the safety, security, and privacy of hotel guests everywhere. This session will explain how and why the hotel was held responsible.

Hour one will focus on:

• How Erin Andrews learned that there was a nude video of her and that it was on the internet
• How she determined which hotel (out of all the hotel in America) was the place of the wrongful act
• How it was determined who the individual was who videotaped her and uploaded the video
• The difficulty in having the video removed from the internet
• Venue issues
• The strategy behind which defendants to sue
• Causes of action
• Discovery and selection of expert witnesses
• Motion for Summary Judgment, Motions in Limine, and deciding whether to waive economic damages

Hour two, using actual videotapes of witnesses from the trial, will discuss:

• Trial Strategy
• Which damages to pursue and why
• Case themes
• Order of witnesses and pivotal witnesses
• Tennessee’s requirement that the jury be unanimous
• Internal company documents
• How non-economic damages were proven

Hour three, using actual videotapes of the closing argument and rebuttal, will analyze:

• Structure of the closing argument
• How foreseeability against the hotel was argued
• Thematic elements of the closing
• Effective rebuttal arguments
• How percentages were argued
• How non-economic damages were argued
• How the verdict form was structured and its use in closing
• Post-trial strategy