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27 Jan 2012, 9:45 am
The reason Medical Justice's change of heart matters is that shady or clueless vendors keep developing new ways to suppress unwanted consumer reviews, and I hope Medical Justice's experiences will discourage other vendors from trying the copyright hack. [read post]
28 May 2020, 5:29 am
” For example, in the notorious Milward case, the First Circuit, citing legally invalid pre-Daubert decisions, stated that “when the factual underpinning of an expert’s opinion is weak it is a matter affecting the weight and credibility of the testimony − a question to be resolved by the jury. [read post]
6 Aug 2010, 12:47 pm
Dieter Dörr, Johannes Gutenberg University Mainz, Faculty of Law (Germany); Professor Udo Fink Doerr, Johannes Gutenberg University Mainz, Faculty of Law (Germany); Professor Russell Weaver, University of Louisville, Louis D. [read post]
20 May 2019, 9:18 am
The facts of silica cases, for example, are radically different from early exposure asbestos cases because of the wide diffusion and general equality of knowledge of silica hazards throughout industry, labor, and government.[7] The dangers of occupational exposure to crystalline silica were so well known that the New York Court of Appeals recognized, seventy years ago, that “[i]t is a matter of common knowledge that it is injurious to the lungs and dangerous to health to work in… [read post]
4 Sep 2013, 7:38 am
Yesterday I reported on an order by an appeals court that enables Apple to stop Google's (Motorola Mobility's) enforcement of a push notification patent against the push email feature of the iCloud in Germany. [read post]
20 May 2014, 6:08 am
But don’t get carried away with such peripheral matters: your real job is to make the most out of the case-law. [read post]
31 Jan 2011, 7:05 pm
We used to do a fortnightly post giving links and the abstracts to the articles published in the Social Science Research Network that are related to arbitration and Alternative Dispute Resolution (ADR). [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]
10 Jun 2012, 1:09 pm
CONFOUNDING Back in 2000, several law professors wrote an essay, in which they detailed some of the problems faced in expert witness gatekeeping. [read post]
29 Jun 2011, 2:57 pm
Communities matter because they create exponential growth. http://www.youtube.com/watch? [read post]
24 Jul 2021, 11:51 am
” The comment provides a hypothetical case and suggested resolution, which are, however, are more helpful: “If two defendants independently shoot the plaintiff at the same time, and one wounds him in the arm and the other in the leg, the ultimate result may be a badly damaged plaintiff in the hospital, but it is still possible, as a logical, reasonable, and practical matter, to regard the two wounds as separate injuries, and as distinct wrongs. [read post]
19 Mar 2022, 2:09 pm
” In other words the FDA’s risk assessment exists to guide agency action, not to determine a person’s risk or medical status.[10] As small and theoretical as the risks are, they are frequently based upon demonstrably incorrect assumptions, such as: humans are as sensitive as the most sensitive species; all organs are as sensitive as the most sensitive organ of the most sensitive species; the dose-response in the most sensitive species is a simple linear relationship; the linear… [read post]
19 Jun 2018, 3:57 pm
Serial venue-violator Onwuteaka suffers another setback in suit in which another target of his abusive collection suits turned the tables on him. [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]
20 Dec 2007, 7:47 am
The West Virginia Cerebral Palsy Resource Guide was compiled by United Cerebral Palsy as a Resource Guide for individuals and families in West Virginia affected by cerebral palsy. [read post]
23 Jun 2014, 12:57 pm
ITERATIVE DISJUNCTIVE SYLLOGISM Basic propositional logic teaches that the disjunctive syllogism (modus tollendo ponens) is a valid argument, in which one of its premises is a disjunction (P v Q), and the other premise is the negation of one of the disjuncts: P v Q ~P_____ ∴ Q See Irving Copi & Carl Cohen Introduction to Logic at 362 (2005). [read post]
