Saturday, November 1, 2008
It's the day after Halloween, but Mark Herrmann's punny little Halloween-Daubert post is still midly amusing. (Mildly, Mark). Here's an excerpt:
"Multidistrict litigation courts are often confronted with evaluating limited or evolving scientific and medical theories and evidence. . . . . The Rules of Evidence, however, cannot be disregarded even if at a future date, medical and scientific literature proves the contrary. As Judge Richard Posner put it, 'the courtroom is not the place for scientific guesswork, even of the inspired sort. Law lags science; it does not lead it.'" Id. at 103 (citation omitted). 100 Grand bar!