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Sacking the Monday Morning Quarterback: Tackling Hindsight Bias in Failure-to-Warn Cases
Loren H. Brown, Daniel J. Cooper and Christopher G. Campbell
Staying in the Game: E-Discovery with a Live Product
Kelly E. Jones and Daniella D. DaCunzo
 
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Tour de Courts: SCA and Armstrong Battle It Out on Question of Fraud and Settlement
Joseph M. Hanna and Aaron J. Aisen 4/15/2013

Lance Armstrong is riding a new tour these days, but instead of fresh air and the beautiful landscapes of France, this tour will be inside offices (lawyers’ offices) and courtrooms. Yes, it is the Tour de Courts. Since his confession to doping in an interview with Oprah Winfrey, his legal problems have compiled dramatically. view more

Vermont Supreme Court: Arguments from Ignorance Don’t Work Here
David A. Oliver 8/26/2011

The recent opinion by the Vermont Supreme Court in a benzene/leukemia case (Blanchard v. Goodyear Tire & Rubber Co.) is well worth the time required to read and digest it. Building on its decision in Estate of George v. Vermont League of Cities and Towns, the court embraced critical thinking and a Bayesian approach to causal reasoning and so held that empty evidence can't change prior, or baseline, beliefs and that plaintiff's argumentum ad ignorantiam won't fly in Vermont. view more

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