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30 Jun 2015, 6:52 am by Schachtman
At times, the judiciary’s resistance to delving into the factual underpinnings of expert witness opinions is extraordinary. [read post]
30 Jun 2015, 2:57 am by Rebecca Tushnet
”  The complaint’s reference to specific studies didn’t matter, since a plaintiff doesn’t need to “forecast” evidence sufficient to prove its case. [read post]
26 May 2015, 7:42 am
  We don’t purport to be either scientists or regulatory lawyers, so now we’ll turn to the underlying purpose of this post, which is the legal precedent involving pharmacogenomics and product liability.Pharmacogenomic Product Liability ClaimsPharmacogenomics is a double-edged sword. [read post]
7 May 2015, 5:00 am
  [C]onsidering the similarities of the allegations in the two cases . [read post]
25 Apr 2015, 8:12 am by Eric Goldman
But the court doesn’t clearly explain why these facts support the TRO. [read post]
9 Apr 2015, 5:00 am
  Id.That didn’t last long.In 1987 the Arizona UCATA “was amended to abolish joint liability between co-defendants in most circumstances,” including product liability. [read post]
9 Mar 2015, 7:48 am by Schachtman
LEXIS 87592; 2014 WL 2921648 (E.D. [read post]
6 Mar 2015, 12:53 pm by MOTP
By finding that Section 74.451 didn't involve regulation of the business of insurance, the Court neutralized the reverse-preemption effect of the MFA that would otherwise have saved the Texas-specific requirements for arbitration agreements in the medical services context. [read post]
26 Feb 2015, 5:00 am
  Without the Third Restatement, that doesn’t happen.Just because we said so, however, doesn’t make it so. [read post]
19 Feb 2015, 9:01 am by Eric Goldman
GreatDomains.com, Inc., No. 00-CV-71544-DT, 2001 WL 1176319, at *1 (E.D. [read post]