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Tuesday, October 10, 2006

Student Defeats Prof; Daubert Defeats Mold

Paul Frankenstein's Cert. Denied team defeated your TortsProf Raspberry Tort(e)s.  Alas.

In non-football-related news, Point of Law (who reads the Volokh Conspiracy so I don't have to)
links to a David Bernstein post suggesting that a Massachusetts case excluding mold-autism expert testimony is evidence of the delights of Daubert.  That may be, but as the comments point out (before they become yet another vaccine-autism debate), the non-anecdotal evidence is far from clear on that point.  I certainly think Daubert would make a difference, and perhaps has, if consistently applied by judges with the resources to apply it well, but I'm not sure those exist in the numbers we might like.

http://lawprofessors.typepad.com/tortsprof/2006/10/student_defeats.html

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