Bifurcation

News & Analysis as of

The Bifurcation Blues

In the last Letter from Europe, I looked at the potential financial impact a single judge could have on the economy. As I alluded to in my conclusion, the United Patents Court (UPC), a proposed common patent court open for...more

Strategies In Class Action Engagement: Special Discovery Requirements

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. It begins our discussion of aspects of discovery unique to class...more

The Federal Circuit Has Jurisdiction over Appeals in Which Damages and Willfulness Remain Unresolved

The Federal Circuit green-lights earlier and more appeals. 28 U.S.C. § 1292(c)(2) confers to the United States Court of Appeals for the Federal Circuit (the "Federal Circuit") the jurisdiction to hear appeals in civil actions...more

Marital Property Valued as of Date of Divorce, Not Date of Property Resolution, Holds Divided Illinois Supreme Court

Under Illinois law, courts may under certain circumstances enter a judgment of dissolution in a divorce case and wait until later, as part of a bifurcated proceeding, to enter a property distribution judgment. The problem...more

Illinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning

This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more

Florida’s Uniform Trade Secrets Act: The Importance of Jury Instructions

Sometimes it makes perfect sense to seek a bifurcated trial. An initial trial on liability can often resolve your case, limit your damages, or set the stage for a negotiated compromise. On the other hand, a formal finding...more

Tort Reform Applies To Claims Under Ohio Civil Rights Act

On July 3, 2012, the Ohio Supreme Court directed the Eighth District Court of Appeals to apply the Ohio Supreme Court’s ruling in Havel v. Villa St. Joseph, 131 Ohio St.3d 235 (2012) that, upon motion of a party, Ohio Revised...more

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