They also testified that complex tort cases often require the attorneys to advance funds for investigation and for hiring experts and that in such cases, out-of-pocket costs can be $ 200,000 or more.

Judge’s Decision

Judge Vertefeuille resolved the case on nonconstitutional grounds. She first noted that rights granted by statute can be waived unless the statute is meant to protect the general rights of the public rather than private rights. She then cited instances where statutes relating to litigation have been construed as conferring a private right that can be waived (e. g. , statute of limitations for tort actions, right to trial by jury, defense of statute of fraud).