References in periodicals archive ?
If a case comes to trial without proper joinder of issue, the resulting trial is likely to resemble two ships passing in the night.
Although the Lilly and Searle cases involved a legal issue that prevented joinder, the Sundstrand I case lacked joinder of issue owing to the IRS's failure to adopt and stick with a theory of the case.
Judge Cohen's ruling reflects the court's recognition that it must take steps to bring about the joinder of issue in these complex factual cases.