Jenner & Block

Tyson Foods: Bifurcation Taking Center Stage?” New York Law Journal

In this article, Jenner & Block Partner Jeremy M. Creelan and Associate Daniel H. Wolf examine bifurcation under Federal Rule of Civil Procedure 23(c)(4).  Calling bifurcation a “critical, but often under-appreciated, tool for both plaintiffs and defendants in class action cases,” the authors explain that recent US Supreme Court case law “suggests that practitioners must focus anew on the benefits and pitfalls of this device.”  They then review recent cases in which bifurcation played a role.  Associate Christina J. Gilligan assisted with preparation of the article.