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Litigation

Vanderbilt Law Review

Burden and expense

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Severance -- A Means Of Minimizing The Role Of Burden And Expense In Determining The Outcome Of Litigation, Warren F. Schwartz Nov 1967

Severance -- A Means Of Minimizing The Role Of Burden And Expense In Determining The Outcome Of Litigation, Warren F. Schwartz

Vanderbilt Law Review

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.