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  For employees that do different tasks, some of which are agricultural and some of which are not, the focus is on the overall nature of the person’s job. [read post]
1 Jul 2015, 7:34 am by Schachtman
These discovery changes therefore do not affect the gatekeeping functions called for by Daubert v. [read post]
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 Apr 2015, 1:11 pm
   We’ve recently been the victims of spoilers ourselves (see McDreamy), so we won’t reveal more except to note that Vincent is not quite the unredeemed ne’er-do-well he seems to be. [read post]
25 Apr 2015, 11:03 am by Schachtman
By adopting a more nuanced analysis, the Second Edition deprived defense counsel of a readily citable source for the proposition that low relative risks do not support inferences of specific causation. [read post]
7 Nov 2014, 5:52 am
 Examples are not driving a riding lawnmower parallel to a slope (because you’ll tip over) or only handling asbestos while using a respirator (because breathing asbestos can do nasty things to you). [read post]
9 Oct 2014, 9:12 am
  We “win” for our clients when we prevail on liability, and that’s what we like to do most. [read post]
18 Jul 2014, 11:55 am
  But since both of the family cars had identical government-mandated (allegedly) inadequate warnings about not putting an infant car seat next to an airbag, who gets sued, Minigas – even though it’s car had nothing to do with the accident.Farfetched? [read post]
23 Jun 2014, 12:57 pm by Schachtman
We need not consider whether the expert testimony was properly admitted in those cases, and we do not attempt to define here what constitutes reliable evidence of causation. [read post]
4 Jun 2014, 7:41 pm by Schachtman
Pillsbury Flour Mills, Inc., 48 N.W.2d 735, 736 (Minn. 1951) Hertz v. [read post]