Trial has finally arrived for the long-pending and much litigated Donovan class action against big tobacco in federal court in Massachusetts. For big tobacco, delay apparently is perceived as a friend, but the delay also brought new findings supporting low dose CT scans (2010 post here, and 2015 post here), and a sweeping 2009 ruling against it by the Massachusetts Supreme Court (prior post here). Science today is moving at warp speed, when compared to litigation. Some litigants factor in the realities of science and some do not. One has to assume (I think) that big tobacco follows the science day by day and was not surprised by the changes.
Kirk Hartley
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