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19 Nov 2023, 11:28 am
Back in 1997, Francis Douglas Kelly Liddell, a real scientist in the area of asbestos and disease, had had enough of the insinuations, slanders, and bad science from the minions of Irving John Selikoff.[1] Liddell broke with the norms of science and called out his detractors for what they were doing: “[A]n anti-asbestos lobby, based in the Mount Sinai School of Medicine of the City University of New York, promoted the fiction that asbestos was an all-pervading menace, and… [read post]
17 Feb 2023, 1:29 pm
One of the most remarkable, and objectionable, aspects of the third edition was its failure to engage with Federal Rule of Evidence of 703, and the need for courts to assess the validity of individual studies relied upon. [read post]
31 Jan 2023, 6:36 pm
Lowe’s Home Centers, Inc., 563 F. 3d 171, 178 (6th Cir 2009); Westberry v. [read post]
19 Jul 2022, 6:14 am
According to Professor Robert Proctor, a regular testifying historian for tobacco plaintiffs, a linguist, Iain Boal, coined the term agnotology, in 1992, to describe the study of the production of ignorance.[13] The Rise of “Agnotology” in Ngram Agnotology has become a cottage sub-industry of the lawsuit industry, although lawsuits (or claim mongering if you like), of course, remain their main product. [read post]
19 Jun 2022, 4:44 pm
Perhaps the most important point of this law review article, “Differential Etiology: Inferring Specific Causation in the Law from Group Data in Science,” is that general causation is necessary but insufficient, standing alone, to show specific causation. [read post]
17 Jun 2022, 2:09 pm
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), legal scholars, judges, and lawyers have struggled with the structure and validity of expert opinion on specific causation. [read post]
17 Oct 2021, 2:17 pm
Acuity Specialty Products Group, Inc., 639 F.3d 11, 26 (1st Cir. 2011), which was decided four months after her passing.[8] Professor Berger’s contention about the need to avoid assessments of individual studies in favor of the whole “tsumish” must also be rejected because Federal Rule of Evidence 703 requires that each study considered by an expert witness “qualify” for reasonable reliance by virtue of the study’s containing… [read post]
9 Mar 2021, 11:56 am
The Subversion of Causation into Normative Feelings The late Professor Margaret Berger argued for the abandonment of general causation, or cause-in-fact, as an element of tort claims under the law.[1] Her antipathy to the requirement of showing causation ultimately involved her deprecating efforts to inject due scientific care in gatekeeping of causation opinions. [read post]
12 Feb 2021, 12:59 pm
Carl Cranor pays me the dubious honor of quoting my assessment of weight of the evidence (WOE) pseudo-methodology as used by lawsuit industry expert witnesses, in one of his recent publications: “Take all the evidence, throw it into the hopper, close your eyes, open your heart, and guess the weight. [read post]
11 Jun 2020, 11:30 pm
The litigation is In re Taxotere (Docetaxel) Products Liability Litigation, a multi-district litigation (MDL) proceeding before Judge Jane Triche Milazzo, who sits on the United States District Court for the Eastern District of Louisiana. [read post]
28 May 2020, 5:29 am
Another vacuous response to a methodological challenge under Rule 702 is to label the challenge as “going to the weight, not the admissibility” of the challenged expert witness’s testimony. [read post]
16 Jun 2019, 4:58 am
Acuity Specialty Products Group, Inc., 664 F. [read post]
23 Sep 2018, 4:03 pm
Acuity Specialty Products Group, Inc., 639 F.3d 11 (1st Cir. 2011), cert. denied sub nom., U.S. [read post]
28 Jun 2018, 8:52 am
Acuity Specialty Products Group, Inc., 639 F.3d 11 (1st Cir. 2011), cert. denied sub nom., U.S. [read post]
9 Jun 2018, 11:15 am
Acuity Specialty Prods. [read post]
31 Jul 2017, 7:00 am
Acuity Specialty Products Group, Inc., 639 F.3d 11, 20 (1st Cir. 2011), cert. denied, 133 S. [read post]
14 Oct 2016, 7:56 pm
Those relative risks, advanced by Shanna Swan and Alan Done, lacked reliability; they were the product of a for-litigation juking of the stats that were the original target of the defendant and the medical community in the Supreme Court briefing. [read post]
17 Oct 2015, 5:29 am
Testimony by Expert Witnesses A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the testimony satisfies each of the following requirements: (a) the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data that reliably support the expert’s… [read post]
25 Apr 2015, 11:03 am
The first edition of the Reference Manual on Scientific Evidence [Manual] was published in 1994, a year after the Supreme Court delivered its opinion in Daubert. [read post]
5 Apr 2015, 7:50 pm
Acuity Specialty Products Group, Inc., 639 F.3d 11, 26 (1st Cir. 2011), with approval, for reversing exclusion of expert witnesses who advanced “weight of the evidence” opinions). [read post]
