MENU

"Reverse Bifurcation" Approach to Punitive Damages Trials in West Virgina

Defendants in West Virginia trial courts are increasingly being forced to confront a novel “reverse bifurcation” approach to decide punitive damages in mass tort cases. Th e approach calls for a determination of a defendant’s liability for punitive damages before basic issues of compensatory liability and damages have been decided. Defendants are challenging the procedure, arguing that putting the “cart before the horse” violates procedural due process guarantees found in the U.S. Constitution....