Compensating plaintiffs and punishing defendants: is bifurcation necessary?

قواعد استرداد دادخواست و دعوای بدوی در فرض تعدد اصحاب دعوا

According to the rule of parties initiative, parties are free to terminate trial and procedural law respects the freedom of their will, although restrains it depending upon some circumstances. however, withdrawal of a case when there are multiple plaintiffs or defendants, may raise complicated issues which the Act does not have any solution for them and their suitable rules should be inferred b...

Navigating Expert Reliability: Are Criminal Standards of Certainty Being Left on the Dock?

This article shows that, as to proffers of asserted expert testimony, civil defendants win their Daubert reliability challenges to plaintiffs’ proffers most of the time, and that criminal defendants virtually always lose their reliability challenges to government proffers. And, when civil defendants’ proffers are challenged by plaintiffs, those defendants usually win, but when criminal defendan...

Secrecy and justice in the ongoing saga of DBCP litigation.

Since the 1980s, banana workers from Central America and elsewhere have filed cases in the United States for sterility damages caused by exposure to the nematicide dibromochloropropane (DBCP) used during the 1960s and 1970s. These plaintiffs' efforts at holding fruit and chemical corporations accountable have been met with numerous obstacles. Many cases have been dismissed on the grounds that t...

Resolution of Common Questions in MDL Proceedings

Multidistrict litigation procedures have grown in significance as an important tool for resolving large-scale litigation. Indeed, in recent years, various reports have noted that from one third to one half of all cases in the federal courts are part of MDL proceedings.1 From the defendants’ perspective, consolidation in a federal MDL proceeding may make nationwide litigation more manageable. Fr...

Order on Plaintiffs' and Third-Party Defendants' Motion for Summary Judgment on Defendant PRG's Counterclaims and Third-Party Claims (PAYLESS CAR RENTAL SYSTEMS, INC.)