F. Formulating a Trial Plan That Contemplates Damages Calculation

• Library: South Carolina Damages (SCBar) (2009 Ed.)

F. Formulating a Trial Plan that Contemplates Damages Calculation

In order for a class action to proceed as a litigation class, the case must be manageable. Generally, due to the number of claims that may have to be resolved in a class action, forethought must be given to the concept of damage distribution and determination specifically. Often issues, including damages, are dealt with in seratim in phases predetermined as appropriate by the court, and established for the purpose of litigation management.²¹ Typically, a trial plan will contemplate at least three facets to resolution of the case: legal issues, factual issues, and damages. These facets are often managed in phases pursuant to...