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Losing The 'Empty Chair' At Trial

It has become common practice in multi-party toxic tort litigation for co-defendants to avoid taking potshots at each other during discovery or at trial. Pursuant to this reasoning, if the defendants point fingers at each other, it will only inure to plaintiff's benefit. Therefore, it may be preferable...

William A. Ruskin: Comcast Corp. v. Behrend's Impact In Toxic Tort Litigation

By William A. Ruskin I have written about how the U.S. Supreme Court's decision in Comcast v. Behrend has had the practical result of raising the bar for class certification and leveling the playing field for corporate defendants [ enhanced opinion available to lexis.com subscribers ]. Until recently...