As litigation grows more complex, the costs of defending tort lawsuits continue to rise. Defendants frequently settle such cases, not to avoid potential liability, but to avoid the high costs of discovery and other litigation expenses.
The Political Question Doctrine: An Unusual (and Unused) Path to Dismissal of Product Liability Suits
As litigation grows more complex, the costs of defending tort lawsuits continue to rise. Defendants frequently settle such cases, not to avoid potential liability, but to avoid the high costs of discovery and other litigation expenses. Motions for summary judgment reduce those costs, but only to a certain degree. Consequently, defendants in tort suits are constantly searching for strategies and defenses that will result in dismissals early in the litigation. One such defense is the 'political question' doctrine, a longstanding legal principle that has enjoyed a resurgence in recent years.
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Kurt HamrockShannon G. KonnThis premium content is locked for LawJournalNewsletters subscribers only
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