TortsProf Blog

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Widener Univ. School of Law

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Friday, December 29, 2006

Daubert Isn't Chicken Feed

or chicken litter, for that matter.

Or something.

Anyway, here I am in Fayetteville, Arkansas, visiting family.  There was an interesting trial earlier in 2006 relating to alleged harms from roxarsone, an ingredient in chicken litter.  It was the first of a number of suits contending that farm neighbors suffered from cancer and other ailments, and, after just 21 minutes of deliberation, the jury found for the defendants.  The case has challenging causation issues, and the judge took a fairly active role in evaluating the scientific evidence.

Today's story provides a nice example of the parties' efforts to figure out what to do while that case is on appeal. In essence, the plaintiffs seem to be asking that other cases in which those plaintiffs serve as lead plaintiffs be stayed while the appeal of their case is resolved, but that other cases -- without those plaintiffs in the lead role -- keep going.

Given the tremendous importance of poultry as an industry in this area and others, the line of cases could end up being important.

(I posted briefly about this case in September too.)

http://lawprofessors.typepad.com/tortsprof/2006/12/daubert_isnt_ch.html

Experts & Science, MDLs and Class Actions, Products Liability | Permalink

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