September 23, 2008
Drug and Device Law on Levine
Beck and Hermann have posted a link to and summary of the defendant's reply brief in Wyeth v. Levine. Click here for the post.
Daubert Hearings at the Certification Stage
From the ABA Litigation Section news report, via Federal Civil Practice Bulletin:
In what appears to be part of a trend across the country, a federal trial court in West Virginia has ordered a full, evidentiary Daubert hearing as part of deciding a motion on whether to certify a class in a pending action.
The U.S. District Court for the Southern District of West Virginia’s ruling in Rhodes v. E.I. DuPont de Nemours and Co. [PDF] follows a number of decisions in federal circuits to allow, or even require, a rigorous analysis of the facts underlying a motion for class certification, although that analysis may stray into the merits of the suit.
September 22, 2008
Duke Toxicology Conference
Duke University is hosting a conference this Friday, Sept. 26, 2008, on The Toxico-Legal Interface: Use of Toxicological Science in Regulation and Litigation. Co-sponsored by Duke Law School and Duke's Integrated Toxicology and Environmental Health Program, the agenda includes a number of toxicologists and risk analysts alongside law professors Francis McGovern, Joseph Sanders, Jonathan Wiener, and me. I will speak about how scientific evidence affects settlement dynamics and trial structures (particularly phased trials) in mass toxic torts. The event is open to the public.
September 21, 2008
NTSB Team Investigating L.A. Metrolink Crash
More on the Metrolink Train Crash from the L.A. Times -- NTSB team sorting out what happened in Metrolink crash, by Robert J. Lopez. Here's an excerpt:
Engineer Robert M. Sanchez pulled Metrolink 111 out of the Chatsworth station and was rolling north at 54 mph. About a mile later, he entered a restricted speed zone and throttled down to 42 mph.
Just ahead, on his right side, was a red light. It was a warning to stop so that an oncoming Union Pacific freight train could move off the main track and onto a siding. But Sanchez sped past the light and barreled over a switch mechanism that was supposed to guide the other train onto the side rail, according to federal investigators.
A quarter mile later, along a sharp curve in the tracks, the two trains collided at a combined speed of 83 mph. Sanchez never hit his brakes.