Overlawyered » expert witnesses

“Math on Trial: How Numbers Get Used and Abused in the Courtroom”

Walter Olson — Thu, 25 Apr 2013 14:55:26 +0000

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]

Tags: expert witnesses

“Math on Trial: How Numbers Get Used and Abused in the Courtroom” is a post from Overlawyered - Chronicling the high cost of our legal system

Police and prosecution roundup

Walter Olson — Thu, 10 Jan 2013 04:09:31 +0000

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]

Tags: expert witnesses, illegal drugs, Maryland, prosecution, red light cameras

Police and prosecution roundup is a post from Overlawyered - Chronicling the high cost of our legal system

The quest for asbestos defendants, Chapter CCXXXIII

Walter Olson — Mon, 19 Nov 2012 10:58:38 +0000

“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]

Tags: asbestos, Baltimore, expert witnesses

The quest for asbestos defendants, Chapter CCXXXIII is a post from Overlawyered - Chronicling the high cost of our legal system

Product liability roundup

Walter Olson — Wed, 17 Oct 2012 04:19:41 +0000

“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]

Tags: apparel, asbestos, CPSC, expert witnesses, guns, product liability

Product liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

The terrible things that can happen in drug labs

Walter Olson — Tue, 02 Oct 2012 11:00:36 +0000

And we’re not just talking the amateur meth kind. [Scott Greenfield]

Tags: expert witnesses, illegal drugs, prosecution

The terrible things that can happen in drug labs is a post from Overlawyered - Chronicling the high cost of our legal system

Product liability roundup

Walter Olson — Mon, 01 Oct 2012 04:04:10 +0000

“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]

Tags: asbestos, baseball bats, chemistry sets, cruise ships, expert witnesses, guns, Oklahoma, product liability, Washington state

Product liability roundup is a post from Overlawyered - Chronicling the high cost of our legal system

July 17 roundup

Walter Olson — Tue, 17 Jul 2012 04:07:17 +0000

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.”

Tags: aviation, Cato Institute, constitutional law, Dallas, eminent domain, expert witnesses, Mitt Romney, ObamaCare, regulation and its reform, Richard Posner, terrorism, Washington D.C.

July 17 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Medical roundup

Walter Olson — Fri, 13 Jul 2012 04:05:00 +0000

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]

Tags: emergency medicine, expert witnesses, FDA, HIPAA, John Roberts, medical apology, ObamaCare, pharmaceuticals, Supreme Court, United Kingdom, Vioxx

Medical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Torts roundup

Walter Olson — Fri, 06 Jul 2012 19:39:00 +0000

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]

Tags: Arizona, asbestos, Canada, Connecticut, expert witnesses, Georgia, golf, insurance fraud, NYC

Torts roundup is a post from Overlawyered - Chronicling the high cost of our legal system

June 25 roundup

Walter Olson — Mon, 25 Jun 2012 04:05:44 +0000

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]

Tags: baseball, eminent domain, expert witnesses, guns, John Stossel, mortgages, OSHA, Philadelphia, Richard Posner

June 25 roundup is a post from Overlawyered - Chronicling the high cost of our legal system