Losing The 'Empty Chair' At Trial

Law360, New York (April 30, 2012, 5:41 PM EDT) -- It has become common practice in multiparty 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 for co-defendants to settle any differences they may have in private and present a unified front in the courtroom. This is a particularly helpful strategy when plaintiff is expected to have difficulty proving causation. Why make the plaintiff’s...
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