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Category Archives: Science

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Concussion Trial Underway In Texas – What Did the NCAA Know and When Did It Know It, Featured in Opening Arguments

Posted in Concussion, Litigation Industry, Science
Trial is now underway in a football player’s concussion case against a college (Texas). A June 11, 2018 article at Quartz recaps some of the facts about the plaintiff, and possible implications for the sport at the college level. LAW360 is covering the trial, as is Courtroom View Network. A June 13, 2018 article from… Continue Reading

Molecular Biomarker Revolution and Torts – “Blood Tests Developed That Identify Women at Risk of Preterm Birth”

Posted in Litigation Industry, Science
The molecular biomarker revolution continues and will reshape many topics at the intersections between science and law. A recent example lies in an article explaining that  researchers are moving fruitfully down apath to developing a cheap, non-invasive test to predict risk of pre-term birth. How did they do that? To simplify, tesearchers took a continuing… Continue Reading

Mesothelioma Therapy – Preliminary Report – 1 Complete Response

Posted in Asbestos, Cancer, Science
Therapy with CAR-T cells (artificially modified t-cells) is a “hot” idea these days in cancer therapy.  Last week, the Mesothelioma Applied Research Foundation highlighted some early days, limited success in researchers at MMSK using CAR T cells in a clinical trial setting involving treatment of persons suffering from mesotheliomas; see this May 18, 2018 article. … Continue Reading

Nathan Schactman Asks: “P-Values: Pernicious or Perspicacious?”

Posted in Evidence, Litigation Industry, Science
Statistical analysis tools remain topics that are comfortable for relatively few lawyers. One of them is Nathan Schactman. In a new blog post, he critiques a newish law review article on the topic.Kingsley R. Browne, “Pernicious P-Values: Statistical Proof of Not Very Much,” 42 Univ. Dayton L. Rev. 113 (2017) .The critique is well-worth reading, in… Continue Reading

Serendipity, Science and A Good Person

Posted in Offtopic, Science
A remarkable feel good story … on Mother’s Day (May 12, 2018) from the Optimist at the WP. It’s also a story of serendipity in science, and how it transformed a medical condition beginning in 1967.  Here’s the headline/teaser: “For six decades, ‘the man with the golden arm’ donated blood — and saved 2.4 million… Continue Reading

Science Week Underway Before a Federal Judge and a State Judge Regarding Monsanto’s Glysophate

Posted in Pesticides, Science
Innovative hearings continue regarding presentations of scientific data regarding alleged toxins.  The newest example is this week “science week” regarding lawsuits related to Monsanto’s glysophate. A summary of day 1 is available through a March 6, 2018 article at LAW360 (paywall). In short, plaintiff’s experts were on the stand. For a plaintiff friendly preview, see… Continue Reading

Readers of Science Magazine Outline the Future: The next generation’s Frankenstein films

Posted in Humor, Science
I’m an optimist about science and the future. But some people are not so optimist, or at least focus on negative possibilities. An open access article from Science provides a pretty good set of hypothetical future books/films that might be as groundbreaking as was Frankenstein. Gene editing plainly has plenty of people thinking about ill-intended… Continue Reading

Lasers Instead of Chemicals – A Move By Levis to Change Its Manufacturing Process

Posted in Litigation Industry, Science
New thinking, new technology and innovation offer interesting new possibilities for manufacturers seeking to avoid potential health risks and reducing expenses over the long term. An easy to appreciate example involves the finish of blue jeans, and is reported in some detail in a February 27, 2018 article at Quartzy. The introduction is below; the… Continue Reading

Jurors Attitudes in 2018, After the Many 2017 Attacks on “Leaders,” Institutions and “Science”

Posted in Juries, Litigation Industry, Science
2017 was quite the year for attacks on and perceptions of “leading” public figures and institutions. In view of the new indictments by Mr. Mueller and other evenst, there are ample reasons to think  2018 will exceed 2017 as to attacks and perceptions of “leaders” and institutions. And, there also have been many arguments about… Continue Reading

Biomarkers and Injury Move Forward – “FDA authorizes marketing of first blood test to aid in the evaluation of concussion in adults”

Posted in Mass Tort Issues, Science
Biomarkers are changing many aspects of science and litigation. The field is still young, but promising. The point is exemplified by FDA’s February 14, 2018 announcement of authorization of a biomarker test to assist in identifying concussions. The test is not considered definitive by itself, but adds additional information for consideration during diagnosis. FDA’s approval… Continue Reading

Conference on How AI Will Transform Law (and More)

Posted in Science
AI already is producing changes in law, and will produce much more. A conference at the end of this week will provide great insights. Pasted below is the text from a January 19, 2018  blog post at Bits, Bots and Biomarkers, hosted by the ASU Law School Center for Law Science & Innovation. “LSI Faculty… Continue Reading

“Blue Sky Banter: Judge Rakoff on Science and the Law”

Posted in Litigation Industry, Science
Interesting comments by Judge Rakoff are available in a thirty minute podcast interview on intersections between science and law. Among other things, he commented on the need for more training in science, ranging from more education by judicial education groups (e.g. the Federal Judicial Center), and use of “science day” hearings. He also commented on… Continue Reading

Crime Scene DNA in Reverse – Using Genetics of Wild Animals to Hunt Down Poachers

Posted in Science
Hunting down poachers using genetic data from animals is a cool new use of genetic data; the idea arose from some creative thinking.  The strategy is outlined in a Janaury 9, 2018  NYT article by Gina Kolata. An excerpt is below. _______________________________________________________________________ “[The poacher had]  jumped bail and fled to northern Pretoria, but it was… Continue Reading

An Example of Predicting/Finding Problems with New Drugs Using Proteomics (Biomarkers) – Work of SomaLogic

Posted in Drugs, Litigation Industry, Science
Pasted below is a fascinating press release from a proteomics company known as SomaLogic. The gist is the scientists were able to predict adverse effect problems with an experimental drug using SomaLogic’s molecular tools for measuring the amounts of proteins circulating in persons who were part of a clinical trial of the drug. The entire… Continue Reading

“FDA approves novel gene therapy to treat patients with a rare form of inherited vision loss”

Posted in Science
The molecular revolution continues to expand. Some of the new evidence arises from the FDA’s December 19, 2017 approval of a therapy based on gene editing for vision loss resulting from inherited gene defects. The FDA’s December 19, 2017 press release is pasted below and highlighted to emphasis implications for the future. ___________________________ December 19,… Continue Reading

“Breakthrough may lead to ability to diagnose CTE in living football players”

Posted in Mass Tort Issues, Science
Yet another example of how biomarkers evolve, and could matter for litigation over alleged or actual injuries, as set out in a September 26, 2017 article in the Washington Post. “By Rick Maese September 26 at 2:00 PM In one of the biggest breakthroughs to date, researchers from Boston University School of Medicine have discovered a key… Continue Reading