Severance -- A Means of Minimizing the Role of Burden and Expense in Determining the Outcome of Litigation

Schwartz, Warren F.

Journal: Vanderbilt Law Review

Volume: 20

First Page: 1197

Year: 1967

Bluebook Citation: 20 VAND. L. REV. 1197 (1967)

Author: Warren F. Schwartz: all 13 publications


Abstract

This article is divided into two main parts. First, it is assumed that the controlling question is how severance affects the likely outcome of litigation by altering the normal incidence of expense and burden. Then the article examines the question of whether there are overriding considerations (particularly the need for "tempering" by reference to the entire controversy) which require that severance be withheld even if dictated by considerations of economy.

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