Practice point: When there are common questions of law or fact, a joint trial is warranted unless the opposing party demonstrates prejudice to a substantial right.
Practitioners should note that prejudice can be mitigated by the trial court with the appropriate jury instructions.
Case: Pierre-Louis v. DeLonghi Am., Inc., NY Slip Op 07607 (2d Dept. 2009)
The opinion is here.
Monday’s issue: Motion practice.
