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A duty to mine big data

Vorys Sater Seymour and Pease LLP
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USA
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May 1 2013

We had another jury trial and thus were offline for a few weeks but it didn't take long to dig up something I hope you'll find of interest. I ran

Virginia adopts the Davidson rule (hopefully)

Vorys Sater Seymour and Pease LLP
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USA
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January 14 2013

Virginia's highest court is the latest to wrestle with causation in asbestosmesothelioma cases. Ultimately reversing a judgment in favor of

Drawing the line on what is 'scientific knowledge'

Vorys Sater Seymour and Pease LLP
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USA
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October 12 2012

Consider the following undisputed findings about a hypothetical substance and a hypothetical disease published in a wide variety of respected, peer-reviewed scientific journals

When, if ever, does "scientific knowledge" stop being scientific knowledge?

Vorys Sater Seymour and Pease LLP
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USA
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September 25 2012

Consider the following undisputed findings about a hypothetical substance and a hypothetical disease published in a wide variety of respected, peer-reviewed scientific journals

Untested hypotheses: only as strong as the expert witness

Vorys Sater Seymour and Pease LLP
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USA
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August 21 2012

Kuhn v. Wyeth Inc. one of the many hormone replacement therapy (HRT)-induced breast cancer claims unleashed after one arm of the U.S. Women's Health Initiative (WHI) revealed that the risks of HRT outweighed any benefits is another case in which a court has concluded that a reasonable though untested hypothesis is good enough for Daubert purposes

Gods of the analytical gaps

Vorys Sater Seymour and Pease LLP
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USA
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August 8 2012

Kuhn v. Wyeth, one of the many hormone replacement therapy (HRT) - induced breast cancer claims unleashed after one arm of the WHI revealed that the risks of HRT outweighed any benefits, is another case in which a court has concluded that a reasonable though untested hypothesis is good enough for Daubert purposes

Judge Robreno just knocked unimpaired maritime plaintiffs out of the MDL

Vorys Sater Seymour and Pease LLP
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USA
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August 7 2012

If you're a maritime plaintiff and are unimpaired mere pleural thickening won't save your asbestos claim

The can-can: How a Texas plaintiff found a way to causation

Vorys Sater Seymour and Pease LLP
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USA
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June 5 2012

Out of various bits of data and a dollop of professional judgment the plaintiff's expert in a Texas medical malpractice case created a causal narrative that has survived on appeal

Kid! Be careful! Broken glass!

Vorys Sater Seymour and Pease LLP
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USA
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May 18 2012

Bartlett v. Mutual, a Stevens-JohnsonToxic Epidermal Necrolysis (SJSTEN) generic drug case that produced a $21 million judgment upheld on appeal, gave us writer's block

There's something about Nevada

Vorys Sater Seymour and Pease LLP
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USA
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February 22 2012

After getting hammered in quick succession for $500 million, $162 million and $90 million worth of punitive damages in three cases involving a total of just five plaintiffs, Teva settled its Nevada hepatitis C (HCV) Propofol claims

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