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Reverse Bifurcation: Litigating Damages Before Liability? by Douglas A. Henderson |
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| 53501002502PDFA11 |
| Douglas A. Henderson |
| September 2010 |
| 3 |
| Section of Environment, Energy, and Resources |
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| $19.95 (Regular) |
| $14.95 (ABA Member) ABA Members, Log in now to receive this discount! |
| $0.00 (Section of Environment, Energy, and Resources) ABA Members, Log in now to receive this discount! |
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In asbestos litigation, courts frequently use "reverse bifurcation" as a case management technique, holding a trial on damages before a trial on liability. But outside of asbestos litigation, the use of reverse litigation is not well known. Recent empirical research suggests this technique may be more effective than standard bifurcation--or even unitary trials--in resolving certain difficult disputes efficiently. In this article, author Douglas A. Henderson considers reverse bifurcation in the context of environmental cases, identifying when it might work and when it may fail.
Published in Natural Resources & Environment magazine, Volume 25, No. 2, Fall 2010, © 2010 by the American Bar Association.
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