Thursday, March 24, 2016
The New York Times has an article today on the link between NFL and Tobacco called NFL's Concussion Research Deeply Flawed.
What does this mean for the NFL settlement? Should the issue be approached in the mode advocated long ago by Francis McGovern - that is, by allowing the mass tort to mature through multiple trials before a settlement is reached?
This article also raises the question of how the law promotes and creates disincentives for entities to conduct reliable scientific studies. For interesting takes on that question, compare Wendy Wagner, Choosing Ignorance in the Manufacture of Toxic Products with Wendy Wagner, When All Else Fails: Regulating Risky Products Through Tort Litigation.