J. Injury and Damages to Individuals

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

J. Injury and Damages to Individuals

If a common injury is incurred by the class subject to unitary disposition, issues of both liability and damages may be resolved at trial.³² When injury and damages are unique to each individual, class-wide disposition of liability may be adjudicated and followed by individual damage trials. This bifurcated procedure has been upheld against constitutional challenges.³³

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Notes:

^[32] West Virginia v. Chas. Pfizer & Co., 314 F. Supp. 710, 744 (S.D.N.Y. 1970).

^[33]...