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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

Category Archives: Science

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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

Scientific Testing – Talc Example

Posted in Mass Tort Issues, Science
Talc litigation is providing yet another example of the reality that product liability litigation can be complicated by multiple parties seeking access to limited amounts of materials. The materials may be biopsy materials from people or samples of products. An August 28, 2017 article from LAW360 provides the headline story, with a couple of quotes below.  J&J… Continue Reading

New Science Matters – NFL Players and CTE – 110 Out of 111 Show CTE, in a Not Random Set

Posted in Mass Tort Issues, Science
Does new science matter? Ask the NFL.  “A neuropathologist has examined the brains of 111 N.F.L. players — and 110 were found to have C.T.E., the degenerative disease linked to repeated blows to the head,” as described in a July 25, 2017 NYT article by Joe Ward, Josh Williams and Sam Manchester.  It’s an “interactive” story… Continue Reading

Cells – as Recorders of Events

Posted in Cancer, Science
The molecular revolution continues, with continuing implications for improving our understanding of how external events effect our cells.  As part of that journey, a group of researchers recently used CRISPR to embed a video into DNA and then retrieve it from the DNA, as described in a July 12, 2017 article at Stat News.  Why?… Continue Reading

Ancient Product Liability and/or Prehistoric Risk Assessment? “Scientists recreate Californian Indian water bottles to study ancient exposure to chemicals”

Posted in Science
A recent article caught my eye as it in some ways bridges older and newer lines of thinking and living.  The article describes current researchers testing an old Indian bottle making process for risks related to the use of bitumen. The article is summarized in a June 23, article at Science Daily. The introduction explains… Continue Reading

Smoking, Epigenetics and Autism – Epigenetic Links?

Posted in Mass Tort Issues, Science
The ongoing revolution in molecular science will help answer fascinating questions, such as why is there is more materially more autism among granddaughters of smokers. The answers, in turn, could have profound effects on business practices and product liability litigation. An April 28, 2017 article at Science Daily outlines the question as to smoking and… Continue Reading

Jurors In Toxic Tort Litigation Take Genetics Seriously

Posted in Asbestos, Cancer, Litigation Industry, Mass Tort Issues, Science
In the shameless self-promotion department, another article on “omics” and torts. LAW360 kindly published this on February 21, 2017.  In my view, it’s critical for trial lawyers to get focused on a range of topics related to “omics” and toxic torts. Jurors In Toxic Tort Litigation Take Genetics Seriously Share us on: Law360, New York… Continue Reading

Biomarker Exposure Tests Will Revolutionize Toxic Torts (Shameless Self Promotion)

Posted in Asbestos, Litigation Industry, Mass Tort Issues, Science
A bit of shameless self promotion for me and colleagues at Innovative Science Solutions. This week brought us 15 seconds of “fame” through publication of a February 7, 2017 article in a widely read national legal publication known as LAW360. The article focuses on the molecular biology revolution moving slowly but steadily into litigation involving… Continue Reading