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.
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