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"The term 'bellwether' is 'derived from the ancient practice of belling a wether (a male sheep) selected to lead his flock. The ultimate success of the wether selected to wear the bell was determined by whether the flock had confidence that the wether would not lead them astray, and so it is in the mass tort context.'"<ref>Grant Heilman Photography, Inc. v. The McGraw-Hill Companies, __ F.Supp.3d __, Slip Op., at 3 n.2 (E.D. Pa. June 30, 2015) (citation omitted).</ref> |
"The term 'bellwether' is 'derived from the ancient practice of belling a wether (a male sheep) selected to lead his flock. The ultimate success of the wether selected to wear the bell was determined by whether the flock had confidence that the wether would not lead them astray, and so it is in the mass tort context.'"<ref>Grant Heilman Photography, Inc. v. The McGraw-Hill Companies, __ F.Supp.3d __, Slip Op., at 3 n.2 (E.D. Pa. June 30, 2015) (citation omitted).</ref> |
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| − | Bellwether trials, which are most frequently used in multi-district mass [[tort]] cases, are recognized as an effective means for a trial judge to enhance [[settlement]] prospects or resolve common issues or claims in complex litigations.<ref>''See, e.g., In re'' Chevron U.S.A., Inc., 109 F.3d 1016, 1019-20 (5th Cir. 1997) ([https://scholar.google.co.uk/scholar_case?case=562716808463034922&q=109+F.3d+1016&hl=en&as_sdt=2003 full-text]) ("[T]he results of such trials can be beneficial for litigants who desire to settle such claims by providing [[information]] on the value of the cases as reflected by jury verdicts. Common issues or even general liability may also be resolved in a bellwether context in appropriate cases.")</ref> |
+ | Bellwether trials, which are most frequently used in multi-district mass [[tort]] cases, are recognized as an effective means for a trial judge to enhance [[settlement]] prospects or resolve common issues or claims in complex litigations.<ref>''Id.'' ''See, e.g., In re'' Chevron U.S.A., Inc., 109 F.3d 1016, 1019-20 (5th Cir. 1997) ([https://scholar.google.co.uk/scholar_case?case=562716808463034922&q=109+F.3d+1016&hl=en&as_sdt=2003 full-text]) ("[T]he results of such trials can be beneficial for litigants who desire to settle such claims by providing [[information]] on the value of the cases as reflected by jury verdicts. Common issues or even general liability may also be resolved in a bellwether context in appropriate cases.")</ref> |
== References == |
== References == |
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Latest revision as of 17:38, 2 July 2015
Definition[]
A bellwether trial (also called a bellwether case) is "a test case. ‘Bellwether’ trials should produce representative verdicts and settlements."[1]
Overview[]
"The term 'bellwether' is 'derived from the ancient practice of belling a wether (a male sheep) selected to lead his flock. The ultimate success of the wether selected to wear the bell was determined by whether the flock had confidence that the wether would not lead them astray, and so it is in the mass tort context.'"[2]
Bellwether trials, which are most frequently used in multi-district mass tort cases, are recognized as an effective means for a trial judge to enhance settlement prospects or resolve common issues or claims in complex litigations.[3]
References[]
- ↑ In re Tylenol (Acetaminophen) Mktg., Sales Practices, and Prods. Liab. Litig., 2015 WL 2417411, at *1 & n.3 (E.D. Pa. May 20, 2015).
- ↑ Grant Heilman Photography, Inc. v. The McGraw-Hill Companies, __ F.Supp.3d __, Slip Op., at 3 n.2 (E.D. Pa. June 30, 2015) (citation omitted).
- ↑ Id. See, e.g., In re Chevron U.S.A., Inc., 109 F.3d 1016, 1019-20 (5th Cir. 1997) (full-text) ("[T]he results of such trials can be beneficial for litigants who desire to settle such claims by providing information on the value of the cases as reflected by jury verdicts. Common issues or even general liability may also be resolved in a bellwether context in appropriate cases.")