Reverse Bifurcation

70 Pages Posted: 5 Apr 2006 Last revised: 28 Apr 2011

Date Written: April 3, 2006

Abstract

Reverse bifurcation is a trial procedure in which the jury determines damages first, before determining liability. The liability phase of the trial rarely occurs, because the parties usually settle once they know the value of the case. This procedure is already being used in thousands of cases - nearly all the asbestos and Fen-phen cases - but this is the first academic article devoted to the subject. This article explains the history of the procedure and analyzes why it encourages settlements, simplifies jury instructions, and produces better outcomes for the parties.

Keywords: Trials, Bifurcation, Sequential, Severance, legal, liability, damages, procedure, torts

JEL Classification: K10, K13, K40, K41, D74, D82, D83

Suggested Citation

Stevenson, Drury D., Reverse Bifurcation (April 3, 2006). University of Cincinnati Law Review, Vol. 75, No. 213, 2006, Available at SSRN: https://ssrn.com/abstract=895003

Drury D. Stevenson (Contact Author)

South Texas College of Law Houston ( email )

1303 San Jacinto Street
Houston, TX 77002
United States
713-646-1897 (Phone)

HOME PAGE: http://www.stcl.edu

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