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19 Jul 2012, 4:07 pm
The discovery of expert witnesses who have conducted statistical analyses poses difficult problems for lawyers. [read post]
24 Nov 2012, 12:38 pm
In addition, Havner requires that a plaintiff show ‘that he or she is similar to [the subjects] in the studies’ and that ‘other plausible causes of the injury or condition that could be negated [are excluded] with reasonable certainty’.40” 347 S.W.3d at 265 (quoting from Merrell Dow Pharmaceuticals, Inc. v. [read post]
12 Apr 2007, 1:33 am
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 592 (1993). [read post]
5 Sep 2007, 7:39 am
This guest post was written by David Booth Alden. [read post]
16 Jun 2015, 7:22 am
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 593 (1993) (specifying the “the known or potential rate of error” as one of several factors in assessing the scientific reliability or validity of proffered expert witness’s opinion) Kumho Tire Co. v. [read post]
1 Jun 2014, 7:45 am
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Wilt v. [read post]
21 Jun 2011, 5:00 am
Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), applies to class certifications. [read post]
14 May 2012, 8:24 am
Sometimes legal counsel take positions in court determined solely by the expediency of what expert witnesses are available, and what opinions are held by those witnesses. [read post]
1 Jul 2024, 8:00 am
Merrell Dow Pharmaceuticals, Inc. [read post]
6 May 2010, 4:12 pm
Fritz Zwicky, the tart-tongued scientist (discoverer of, among other things, supernovae and neutron stars) was wont to label his critics in the astrophysical world (of whom there were many) “spherical bastards. [read post]
6 Jul 2007, 4:29 am
Richardson-Merrell, Inc., 584 A.2d 1383, 1385 (Pa. 1991); Niemiera v. [read post]
19 May 2017, 12:23 pm
See Merrell Dow Pharms, Inc. v. [read post]
4 Oct 2019, 4:38 pm
I am grateful to Jack Balkin for organizing this symposium and to the commenters on Rationing the Constitution for their close, careful, and generous engagement with my book. [read post]
9 Nov 2015, 7:09 am
Back in 2009 – when the blog was still a Bexis/Herrmann operation – we wrote a catch-all punitive damages post entitled (oddly enough) “On Punitive Damages. [read post]
15 Jul 2010, 2:39 pm
Last week we put up a post commenting on something that we thought was wrong with New Jersey law. [read post]
18 Apr 2012, 4:40 pm
Professors Michael Green and Joseph Sanders are two of the longest serving interlocutors in the never-ending discussion and debate about the nature and limits of expert witness testimony on scientific questions about causation. [read post]
2 Feb 2017, 1:22 pm
Below the jump is a compilation of Judge Neil Gorsuch’s jurisprudence on the U.S. [read post]
24 Jun 2011, 1:24 pm
[Readers: Set forth below is a thoughtful and detailed analysis of the Supreme Court's decision of Walmart v. [read post]
7 May 2012, 5:00 am
Merrell-Dow Pharmaceuticals, Inc., 523 A.2d 374, 378 (Pa. [read post]
27 Jul 2014, 9:03 am
“For the rational study of the law the blackletter man may be the man of the present, but the man of the future is the man of statistics and the master of economics. [read post]
