Vermont Supreme Court: Arguments from Ignorance Don’t Work Here
David A. Oliver 8/26/2011
The recent opinion by the Vermont Supreme Court in a benzene/leukemia case (Blanchard v. Goodyear Tire & Rubber Co.) is well worth the time required to read and digest it. Building on its decision in Estate of George v. Vermont League of Cities and Towns, the court embraced critical thinking and a Bayesian approach to causal reasoning and so held that empty evidence can't change prior, or baseline, beliefs and that plaintiff's argumentum ad ignorantiam won't fly in Vermont. view more
Trial Commissioner Recommends Disbarment of Lead Fen-Phen Counsel
Brett A. Ross 3/4/2011
The Wall Street Journal reported last week that a Kentucky judge has recommended that a Cincinnati based plaintiff’s attorney, Stanley Chesley, be disbarred due to conduct pertaining to fee division in a class-action pharmaceutical case. The litigation concerned the diet drug fen-phen, which allegedly caused heart valve damage to many people who took it. view more
Bruesewitz: SCOTUS Vindicates Vaccine Manufacturers
Gail Rodgers and Capricci Barush 2/23/2011
On February 22, the U.S. Supreme Court handed a landmark victory for vaccine makers. In a 6-2 decision, the Court held that the National Childhood Vaccine Injury Act of 1986 (the “Vaccine Act”) preempts all design-defects claims against vaccine manufacturers for injuries caused by a vaccine’s side effects. view more