48) The court considered whether a bifurcated trial
, where liability and a punitive damage multiplier are determined in phase I, prior to a finding of compensatory damages for each plaintiff in phase II, violates the Due Process Clause as interpreted by the U.
conflicting results in a bifurcated trial
in which judge and jury
In California, when a defendant enters pleas of both not guilty and not guilty by reason of insanity, as was the case here, a bifurcated trial
must be held, with a guilt determination made during the first phase and the NGRI plea addressed at a second hearing.
As a general principle, the liability phase of a bifurcated trial
is not the proper juncture at which to adjudicate issues regarding the severity of the injuries of the party prosecuting the case.
Virginia 28 * 50 * Pennsylvania -6 -42 * Procedural variables Bifurcated trial
29 * 54 * Bouquet trial 21 * -28 Consolidation of 2-3 claims 16 * 11 Consolidation of 4-5 claims 11 * 6 Change in the Change in amount of the amount of compensatory punitive damages damages State Mississippi $1,640,000 $570,000 Texas $394,000 * $397,000 * W.
Finally, in recognition of a defendant's legitimate desire to present the defense of her choosing, we advocate a legislative recognition of a right to a bifurcated trial
, in which a defendant could first present her chosen defense and then defense counsel could present a defense based on mental illness.
In Green, the court left unanswered the knotty problems of whether post--trial motions could be filed after a verdict finding liability in a bifurcated trial
, whether such motions would toll rendition of the verdict, what aspects of the proceedings were reviewable in an appeal from the verdict, and the like.
Decisions on other claims in the liability phase of the bifurcated trial
were pending at TRIAL press time, and no date had been set for the damages phase.
Plaintiffs vigorously opposed a bifurcated trial
, arguing that a continued stay of the merits discovery was unwarranted, particularly where a stay had been in effect for more than two years.
Fujiwara, sought a bifurcated trial
on the statute of limitations issue.
As a practical matter, the rule permits appeals only in the context of a "non-continuous" bifurcated trial