Moving Quickly To Endgame — The Benefits For Clients

Law360, New York (September 11, 2009, 11:12 AM EDT) -- As the volume of complex toxic tort and products liability litigation increases, defense counsel are developing tools to decrease litigating costs by determining which cases have merit at the outset of the lawsuit.

Rather than manage litigation in the usual sequence, defense counsel create opportunities to move quickly to the endgame, focusing with laser-like precision on a critical and potentially dispositive threshold issue and structuring limited discovery and motion practice around it.

This tactic has proved particularly effective in toxic tort and pharmaceutical ligation where plaintiffs’...
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