The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Wednesday, September 05, 2007

9/11 Judge puts damages first

(excerpt from NYT)

Little-noticed lawsuits brought against the airlines, security companies move toward trials.

In a reversal of the usual legal procedure, the Judge in some of the first 9-11 cases to go to trial has ordered six trials for damages to take place before any trial for liability.

Instead of focusing on the merits of the cases, the trials will focus instead on the victims' pain and suffering and on the grief of their surviving families. The plaintiffs acknowledge that the biggest difference between the two sides is over the value of pain and suffering. Economic losses are calculated by a mathematical model, and the margin for dispute is relatively small.

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