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14 Jun 2019, 5:20 am by Jack Sharman
[NOTE: my friend and law school classmate Greg Schuetz co-authored this piece, which appeared in the June issue of “The Docket,” the monthly publication of the Association of Corporate Counsel. [read post]
21 Mar 2016, 5:00 am by Lucian E. Dervan
" Abstract In 1981, the United States Supreme Court delivered a landmark ruling in Upjohn Co. v. [read post]
11 Sep 2015, 3:23 pm by Schachtman
Putting aside synergistic co-exposures, for most lung cancers, smoking is the “but for” cause of individual smokers’ lung cancers. [read post]
16 Jun 2015, 7:22 am by Schachtman
Sept. 24, 2007) (excluding engineering opinion that defective wood-carving tool caused injury because of lack of error rate) In re Ephedra Products Liability Litigation, 393 F. [read post]
26 May 2015, 7:42 am
  So far many plaintiffs have had trouble coming up with factual support to back such allegations – and sometimes we’re not even sure why they’re making them. [read post]
25 Apr 2015, 11:03 am by Schachtman
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]
17 Dec 2014, 12:38 pm by Schachtman
The use of multiple case reports as evidence of causation is analogous to the use of historical population controls: the co-occurrence of thalidomide ingestion in pregnancy and phocomelia in the offspring was evidence of causation because both thalidomide use and phocomelia were highly unusual in the population prior to the period of interest. [read post]
25 Nov 2014, 2:00 am
Mar. 6, 2014), should have carefully reviewed the protections afforded internal legal deliberation protections recognized by the Supreme Court in Upjohn Co. v. [read post]
7 Nov 2014, 5:52 am
Parke, Davis & Co., 256 F.3d 1013, 1021 (10th Cir. 2001) (wrong to “construe [a treater’s] ‘heeding’ an adequate warning to mean [s/he] would have given the warning”) (applying Oklahoma law); In re Diet Drug Litigation, 895 A.2d 480, 490-91 (N.J. [read post]
16 Jul 2014, 1:19 pm by Maurice Bellan
Circuit did not directly address the work-product privilege issue in In re Kellogg Brown & Root, Inc.5Upjohn Co. v. [read post]