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"The sophisticated user doctrine is thus not an exception to the duty to warn, but an application of it." 16 Aug 2013 | 11:04 pm
That quote is from an opinion issued at the end of July that we wanted to bring to your attention. Dehring v. Keystone Shipping Co. involved an able-bodied seaman who lost his thumbs to a winch. He br...
Alas, The Maryland Court of Appeals Has Reversed Ford v. Dixon 31 Jul 2013 | 12:28 am
Sound science and, more importantly, sound reasoning about science have slowly been making their way into appellate decisions for two decades now, but last year's Ford v. Dixon was something special. ...
Need Something To Attack The Reliability Of Animal Studies? 17 Jul 2013 | 09:57 pm
The Reference Manual on Scientific Evidence, Third Edition has the following to say about animal studies: Animal studies have a number of advantages. They can be conducted as true experiments, and re...
Foreseeably Pointless 16 Jul 2013 | 06:57 am
Georgia Pacific v. Farrar went up to the Maryland Court of Appeals on two issues. The first was whether in 1968 Georgia Pacific owed a duty to the granddaughter of a mechanic whose clothes were contam...
Lawyers Have Learned To Distort Pharmacovigilance Signals 3 Jul 2013 | 01:10 am
The goal of pharmacovigilance is to detect the subtle signal of a causal effect otherwise buried amongst the noise of all the maladies which by coincidence alone happened to manifest after a drug was ...
Painting By Numbers 28 Jun 2013 | 04:12 am
It's hard to argue with the decision of the U.S. Court of Appeals for the Seventh Circuit in Joann Schultz v. Akzo Nobel Paints, LLC; a benzene/AML (acute myelogenous leukemia) wrongful death claim fi...
Generic Sulindac Ain't Bag O'Glass 24 Jun 2013 | 10:52 pm
The U.S. Supreme Court decided Mutual Pharmaceutical Co. v. Bartlett this morning and it was another win for manufacturers of generic pharmaceuticals - once again thanks to "impossiblity preemption"....
But Generic Sulindac Isn't Bag O'Glass 24 Jun 2013 | 10:52 pm
The U.S. Supreme Court decided Mutual Pharmaceutical Co. v. Bartlett this morning and it was another win for manufacturers of generic pharmaceuticals - once again thanks to "impossiblity preemption"....
Discretizations 24 May 2013 | 12:46 am
More evidence for a weak association between trichloroethylene (TCE) and liver cancer but not NHL, and vice versa. Now I know why those who can are buying penthouses. Do CT scans cause cancer? The ...
As We Were Saying 9 May 2013 | 09:02 am
It certainly appeared by the 1960s that humanity was leaving the so-called second epidemiologic tranistion. Ancient pathogens were being defeated at every turn as science went from triumph to triumph....