As grist for expert witness testimony and forensics, mathematics sounds as if it should be more rigorous and amenable to consistent results than other disciplines — psychiatry, say. “However, mathematicians Leila Schneps and Coralie Colmez argue in Math on Trial that in at least 10 instances over the past century, innocent or wrongly accused defendants have been imprisoned or publicly harassed in part due to simple mathematical errors at trial, such as believing two events are independent (when they are not) or underappreciating the power of exponential growth.” [Bharath Parthasarathy, Washington Independent Review of Books]
Tagged as:
expert witnesses
- Forensics scandal keeps widening, as FBI agents trained state and local examiners in faulty methods [WaPo, Radley Balko] New York Times wades into case of Mississippi pathologist Steven Hayne [Reason] “Massachusetts Lab Scandal Leads to Fears of the Guilty Being Freed, Not So Much About the Innocent Being Jailed” [Shackford]
- “Speed camera reform gains momentum with Maryland lawmakers” [Washington Examiner, editorial, WBAL]
- “Gas masks, helmets for state alcohol-control agents — Everyone is a law-enforcement agent these days” [Steven Greenhut/PSI]
- How the media hatched the “bath salts face-chewer” tale [Sullum]
- “FBI investigating Utah state trooper for arresting sober people, charging them with DUI, lying on witness stand.” [@radleybalko summarizing Salt Lake City Tribune]
- Looking forward to 2013 docket in white-collar crime [Peter Henning, NYT DealBook]
- Bruce Green (Fordham), “Prosecutors and Professional Regulation” [SSRN via White Collar Crime Prof]
Tagged as:
expert witnesses,
illegal drugs,
Maryland,
prosecution,
red light cameras
“In answers to interrogatories, [the mesothelioma-diagnosed] plaintiff identified Colgate’s Cashmere Bouquet talcum powder as the sole source of her asbestos exposure.” [Ron Miller]
Tagged as:
asbestos,
Baltimore,
expert witnesses
- “Judge in Asbestos Litigation Says Navy Ships Aren’t Products” [Legal Intelligencer]
- NYT goes in search of the trial lawyers’ case on the Blitz gas can bankruptcy [earlier here, here]
- Gun control lobby hails as “groundbreaking” NY appellate court allowing suit against gun manufacturer [WSJ Law Blog, NYLJ]
- “Mechanical Bull Tosses Rider, Prevails in Court” [Abnormal Use]
- Well-known expert witness pops up in consumer popcorn injury case [Drug and Device Law] 2004 Missouri workplace exposure case: “‘Popcorn Lung’ Couple Gets $20M Award, Files for Bankruptcy” [ABC News]
- “Bumbo Baby Seat Recalled Because It Is Only 99.999475% Safe” [Skenazy, Agitator]
- “Summary Judgment For Crocs in Massachusetts Escalator Injury Case” [Abnormal Use]
Tagged as:
apparel,
asbestos,
CPSC,
expert witnesses,
guns,
product liability
- “Oklahoma Court Tosses Jury Verdict Over ‘Defective’ Louisville Slugger” [Daniel Fisher/Forbes, Abnormal Use] “In contrast, a New Jersey case against the same defendant resulted in a multi-million-dollar settlement divorced from any showing of culpability.” [PoL]
- An expert witness wore two hats [Chamber-backed Madison County Record]
- 5-4 Washington Supreme Court decision in asbestos case bodes ill for makers of safety devices [Pacific Legal Foundation]
- “Defective design and the Costa Concordia” [Rob Green, Abnormal Use; Rick Spilman, The Old Salt]
- Calif. appeals court says man shot by 3 year old son can sue Glock [SFGate]
- “Evidence of Drug Use May Be Relevant in Product Liability Litigation” [Farr, Abnormal Use]
- “What used to be in chemistry sets that are not in there anymore are actual chemicals” [BBC, earlier here, here]
Tagged as:
asbestos,
baseball bats,
chemistry sets,
cruise ships,
expert witnesses,
guns,
Oklahoma,
product liability,
Washington state
- Prediction: Homeland Security to emerge as major regulatory agency prescribing security rules to private sector [Stewart Baker] Regulators fret: air travel’s gotten so safe it’s hard for us to justify new authority [Taranto via Instapundit] “Romney’s regulatory plan” [Penn RegBlog]
- Claim: frequent expert witness in Dallas court proceedings is “imposter” [PoliceMisconduct.net]
- “‘Temporary’ Takings That Cause Permanent Damage Still Require Just Compensation” [Ilya Shapiro, Cato]
- On the ObamaCare decision’s wild card, the ruling on “coercive” conditions on Medicaid grants under the Spending Clause [Mike McConnell, Ilya Somin] Ramesh Ponnuru argues that ruling is no victory for supporters of limited government [Bloomberg]
- D.C.’s historic Shaw neighborhood near Cato Institute narrowly escaped planners’ bulldozer [Greater Greater Washington, WaPo]
- Michelle Obama on the right track with an idea on occupational licensure but should take it farther [Mark Perry]
- Everyone’s a judicial critic: Auto-Correct proposes replacing “Posner” with “Poisoner.”
Tagged as:
aviation,
Cato Institute,
constitutional law,
Dallas,
eminent domain,
expert witnesses,
Mitt Romney,
ObamaCare,
regulation and its reform,
Richard Posner,
terrorism,
Washington D.C.
- How’d we get shortages of hospital and community sterile injectables? Check out the role of FDA Good Manufacturing Practice (GMP) regs, warning letters, and resulting plant closures [Tabarrok, with comments controversy; earlier here, here, here, etc.]
- California orthopedist sues, wins damages against medical society that took action against him based on his testimony for plaintiff in liability case [American Medical News; earlier here, etc.]
- Can’t have that: medical apology should be opposed because it “can create an emotional connection with an injured patient that makes the patient less likely to ask for compensation.” [Gabriel Teninbaum (Suffolk Law), Boston Globe]
- Feds’ war on painkillers is bad news for legit patients and docs [Reuters, Mike Riggs/Reason]
- New federal pilot project in Buffalo will provide concierge-style home care to emergency-department frequent fliers. Spot the unintended consequence [White Coat]
- Dastardly drug companies? Deconstructing Glaxo SmithKline’s $3 billion settlement [Greg Conko, MPT] More: Beck, Drug and Device Law, on suits over “what are mostly medically valid and beneficial off-label uses”. Paging Ted Frank: “HIPAA’s Vioxx toll” thesis may depend on whether one accepts that the premised Vioxx toll has been established [Stewart Baker, Ted's recent post]
- U.K.: “Lawyers seizing lion’s share of payouts in NHS negligence cases” [Telegraph]
- Silver linings in SCOTUS ObamaCare ruling? [Jonathan Adler and Nathaniel Stewart] “DNC Scientists Disprove Existence of Roberts’ Taxon” [Iowahawk humor] Did Ginsburg hint at the court’s direction on the HHS contraception mandate? [Ed Morrissey, Hot Air]
[cross-posted at Cato at Liberty]
Tagged as:
emergency medicine,
expert witnesses,
FDA,
HIPAA,
John Roberts,
medical apology,
ObamaCare,
pharmaceuticals,
Supreme Court,
United Kingdom,
Vioxx
- House Judiciary passes measure (FACT Act) promoting transparency of asbestos trusts, could preserve assets for honest claimants by curbing n-tuple dippers [Harold Kim/US Chamber, Ted Frank] “$48 million jackpot justice asbestos award for 86-year-old” [Frank]
- Canadian court: car crash caused chronic cough [Magraken]
- Push in Connecticut legislature to ease expert testimony threshold, thus enabling more med-mal suits [Zachary Janowski, Raising Hale]
- Georgia court: residents on notice of wild alligators, golf club not liable for elderly woman’s demise [Daily Report]
- “NYT is inconceivably shocked that NYC defends itself in lawsuits instead of blindly writing multimillion $ checks.” [@tedfrank]
- Arizona court declines Third Restatement’s invitation to gut duty prerequisite in tort law [David Oliver]
- Vintage insurance fraud: “The Slip-and-fall Queen” [Brendan Koerner via @petewarden]
- Relaxation of fault in auto cases: “Richard Nixon’s Torts Note” [Robinette, TortsProf] “Reforming the Reform: No-Fault Auto Insurance” [same]
Tagged as:
Arizona,
asbestos,
Canada,
Connecticut,
expert witnesses,
Georgia,
golf,
insurance fraud,
NYC
- OSHA cracks down on a shooting range with punitive fines. A coming trend? [Kopel, earlier on David Michaels here, here, here, etc.] Gun control lobbying on the public dime, courtesy Mike Bloomberg & Co. [Ron Arnold, Examiner]
- Scheme to use eminent domain to seize underwater home mortgages advances [Future of Capitalism, Felix Salmon]
- One lawyer for every 257 Americans [Funnell]
- Posner knows it: court appointment of experts can head off hired-gun arms race [Josh Wright, Truth on the Market]
- New Canaan, Ct.: “Mom Arrested for Letting Her 13-year-old Babysit Siblings” [Lenore Skenazy, Free-Range Kids]
- John Stossel show on lawsuit abuse, warning labels and related topics;
- Phillies Phanatic: “The most-sued mascot in baseball is heading back to court” [Time, earlier]
Tagged as:
baseball,
eminent domain,
expert witnesses,
guns,
John Stossel,
mortgages,
OSHA,
Philadelphia,
Richard Posner
The other day the Chicago Tribune documented a longstanding campaign (see Friday link) to get government bodies to adopt standards requiring flameproofing of furniture upholstery, carpets and other household materials. Turns out key actors in that campaign were companies that make the chemicals used in flameproofing, which thereby guaranteed themselves a giant market for their products, as well as cigarette companies that worried that they would face regulatory and legal pressure over fires caused by careless smoking and decided to pursue a strategy of turning the issue into someone else’s problem.
Unfortunately, according to the Tribune series, the supposedly flameproof furnishings 1) aren’t necessarily very good at reducing fire risk and 2) are doused with chemicals that one might not want rubbing off on one’s family and pets. That’s aside from the regulations’ obvious cost in making furnishings more expensive and narrowing consumer choice by excluding producers unable or unwilling to use the chemical treatments. Whether or not you accept the series’ interpretation in all respects — the authors tend to taken an alarmist line, for example, on the chemicals’ environmental dangers — it’s useful as reminder #83,951 that government regulation often is driven by motives quite different from those advertised, and in particular by business lobbies whose interest is frequently squarely opposed to laissez-faire.
On Sunday, Times columnist Nicholas Kristof, criticized lately in this space for his views on supposed Big Beer responsibility for Indian reservation alcoholism, addressed the flameproofing story in his column. After reciting the controversy — laying a particular emphasis on chemical alarmism, long a specialty of his — Kristof concludes as follows:
This campaign season, you’ll hear fervent denunciations of “burdensome government regulation.” When you do, think of the other side of the story: your home is filled with toxic flame retardants that serve no higher purpose than enriching three companies. The lesson is that we need not only safer couches but also a political system less distorted by toxic money.
Which affords James Taranto of the WSJ’s “Best of the Web” this response:
The guy is so blinded by ideology that he fails to notice he has just given an example of burdensome government regulation.
Tagged as:
environment,
expert witnesses,
fires,
lobbyists,
New York Times,
safety
…can become a certified forensic consultant, it seems. “As soon as I finished the test, a screen popped up saying that I had passed, earning me an impressive-sounding credential that could help establish my qualifications to be an expert witness in criminal and civil trials. For another $50, ACFEI mailed me a white lab coat after sending my certificate.” Do the lab coats come in cat sizes? [Leah Bartos, ProPublica]
Tagged as:
expert witnesses,
science and scientists
In a much-watched (earlier) lawsuit filed on behalf of a class of up to 6,000 blacks not hired or promoted by the state government of Iowa, a judge rejected a theory that hiring and promotion were tainted by unconscious “implicit” bias. Judge Robert Blink did not find persuasive the expert testimony proffered for the plaintiff’s theories, and said plaintiffs had not identified a particular discriminatory practice responsible for their situation as required by law. He also noted that blacks appeared to fare better in the state employment process than they did in private sector hiring. Iowa Attorney General Tom Miller “noted that much of the case involved blacks who were passed over for jobs after sending in applications in which they did not list their race.” [AP/NPR, Des Moines Register]
P.S. Thanks to commenter wfjag for directing our attention to this December AP dispatch with its truly wince-making example of Lead Plaintiff Fail:
The lead plaintiff in a class-action discrimination lawsuit filed by black workers against the state of Iowa is expected to plead guilty Wednesday to using her position at Iowa Workforce Development to carry out a fraud scheme in which she embezzled $43,000 in benefits meant for jobless Iowans. … Her claims have been front and center during the lengthy litigation….
Tagged as:
discrimination law,
expert witnesses,
Iowa
“Justice Department officials have known for years that flawed forensic work might have led to the convictions of potentially innocent people nationwide, but prosecutors failed to notify defendants or their attorneys even in many cases they knew were troubled.” Among the cases: that of Santae Tribble, who spent 28 years in prison following a murder-robbery conviction based on claimed hair identification now known to be erroneous. [Washington Post, more]
Follow-up from the Post on the Justice Department’s lack of transparency; and see my colleague Tim Lynch’s post at Cato.
Tagged as:
crime and punishment,
expert witnesses,
prosecution
Class action lawyers are suing the government of Iowa on an theory that “subconscious” bias resulted in employment discrimination against black employees and job-seekers. “The plaintiffs — up to 6,000 African-Americans passed over for state jobs and promotions dating back to 2003 — do not say they faced overt racism or discriminatory hiring tests.” Instead, they are relying on the work of an expert witness who is the developer of something called an Implicit Associations Test meant to measure subconscious bias. The controversy invites courts to revisit some issues of statistical and indirect proof that came up, without necessarily being resolved, in the landmark Supreme Court case of Wal-Mart v. Dukes. [AP via Justin Shubow, FedSoc Blog]
Tagged as:
discrimination law,
expert witnesses,
Iowa
Many links that tend to harmonize with arguments made in Schools for Misrule, along with a few others:
- Judges criticize law reviews: “The high bench vs. the ivory tower” [Richard Brust, ABA Journal]
- “The fervor of the sixties penetrated law schools quite passionately” [Ann Althouse quoting an introduction to clinical legal education]
- More on forthcoming Brian Tamanaha book, Failing Law Schools [ABA Journal]
- “The Coming Crash in Legal Education: How We Got Here, and Where We Go Now” [Richard W. Bourne, SSRN via Kenneth Anderson/Volokh] How law, medicine and architectural schools joined the academy [Richard Neumann, Jr./SSRN via Caron]
- How lucrative are the sidelines a lawprof can develop, such as expert witness work? It varies greatly, but one star’s NYC condo is for sale for $15.9M [Julie Zeveloff, Business Insider]
- “Lawsuits against law schools weak: experts” [Reuters]
- “Obama hugging Derrick Bell” video: neither newsy nor likely to damage the President’s image, and why again is Prof. Bell supposed to be a more alarming connection than Prof. Ogletree himself? [Breitbart, Hinderaker, Cooke/NRO, and an HLS reminiscence from David French at NRO]
Tagged as:
Charles Ogletree,
expert witnesses,
law schools,
Schools for Misrule
