Bifurcation mitigates effect of damaging evidence; separate trials in products cases may curb the harmful effects of testimony on prior accidents and subsequent remedial measures
Article Abstract:
Bifurcating trials in products liability cases may be a good idea when evidence of prior accidents involving a product is to be introduced, particularly when the issues are so emotional that evidence of other accidents is likely to prejudice jurors. Bifurcation may be particularly appropriate in cases involving punitive damages, where the effect of the evidence on the jury is likely to outweigh its objective relevance. The value of protecting the defendant from undue prejudice outweighs any problems posed by duplication of evidence in bifurcated proceedings.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Courts continue to debate how future claims in mass tort and products liability cases should be handled if they arise after disposition of the debtor's assets
Article Abstract:
Recent opinions in bankruptcy cases Fairchild Aircraft and Piper Aircraft both raise and suggest a solution to the conundrum of future claims. Piper, initiates filing, gave notice of bankruptcy to present aircraft owners, arranged for a representative for them, and set aside funds. Fairchild did none of these. Judge Robert A Mark, in the Piper case, examined the accrued state law theory, conduct test, and pre-petition relationship test, and the 11th Circuit modified the latter to create a new test, the Piper test.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
ADR methods can streamline mass tort actions
Article Abstract:
Alternative dispute resolution methods can be used to improve the efficiency of mass tort lawsuits. This has been demonstrated in products liability cases with asbestos and medical devices such as breast implants, heart valves and birth control. A court can use the alternative methods at different points in a trial, making them a flexible legal tool.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Demand triggers offer. The Oracle/PeopleSoft case: unilateral effects, simulation models and econometrics in contemporary merger control
- Abstracts: The distribution of 401(k) benefits in a corporate transaction: a call for reconciliation of the 401(k) regulations, the same desk rule and GCM 39824
- Abstracts: Disproportionate investment of plan assets in residential mortgages not imprudent. Mortgage loans from bank under program established by pension trustees not subject to s. 72(p)
- Abstracts: FERC asserts vast power as utility mergers heat up; policy statement signals intent to regulate aggressively in the 'public interest' as the industry pursues a lightning consolidation
- Abstracts: Regs clarify one-owner LLC tax; the 'check the box' rules eliminate areas of uncertainty and create new tax planning opportunities for single-member entities