Archive for May, 2005


Tuesday, May 10th, 2005

Update 2: The calendar is back.
Update: I have no idea why the calendar site has been offline all day. It worked so well last night(!)
I’m trying to make sense of the Witness Roulette game these last few weeks. The resulting calendar, which I hope is helpful–especially for those trying to figure out which days court […]

MON: Kessler on Bazerman/Daubert

Tuesday, May 10th, 2005

At the end of the morning session (Dr. Jonathan Gruber testified on youth smoking rate penalties), Judge Kessler explained her reasons for admitting Dr. Bazerman’s testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc
She began by saying she relied on the Daubert decision itself, as well as many cases in this circuit, none of […]

ORDER #946: Kessler Closes Defense’s Liability Case

Tuesday, May 10th, 2005

On May 9, 2005, Judge Kessler filed order #946, granting DOJ’s request for the Defense to formally close its liability case.
Defendants had wanted the ability to call another witness to bring in needed evidence should pending rulings on that evidence go against them.
Judge Kessler allowed Defense that wiggle-room, writing,
[a]s of May 2, 2005, prior […]

ORDER 943: Kessler Rules Bazerman Testimony Admissible under Daubert

Saturday, May 7th, 2005

Judge Kessler has ruled the testimony of Dr. Max Bazerman meets Federal Rule of Evidence #702* under the standards set by the US Supreme Court in Daubert v. Merrell Dow Pharmaceuticals.
The order, issued Friday May 6, 2005, promises to produce some fireworks Tuesday, May 10, when she explains it, since:
1. Judge Kessler had previously expressed […]

WED, DAY 100: Bazerman on the biases of corporations, executives, plaintiffs and witnesses.

Thursday, May 5th, 2005

May 6, 2005, 12:04 AM
Written by Suzanne Lazarus
It was an inauspicious beginning for DOJ witness Max Bazerman, PhD, when he presented his remedies testimony Wednesday. The defense began by immediately filing three objections to Dr. Bazerman’s testimony, all of which focused on its failure to meet the Daubert standards. The Supreme Court’s Daubert […]

TUE, DAY 99: The Worlds of War

Wednesday, May 4th, 2005

May 4, 2005, 8:39 PM
They say in the boxing world, “styles make a fight,” the point being the more disparate the styles, the more interesting the fight, as each boxer adjusts his own unique weapons to deal with the opponent’s distinctly different weapons.
The truism came to mind in the matchup Tuesday between U.S. Surgeon […]

TUE, DAY 99: Surgeon General Goes to War–against Mr. Bernick

Tuesday, May 3rd, 2005

Surgeon General Richard Carmona took the stand this morning, looking tanned, fit and alert, in a Surgeon General’s uniform that, on him, actually did look military.
Dr. Carmona would need all his battle-honed wits about him In an unexpectedly tense and important morning of testimony, as RJR/BW’s David Bernick launched an powerful if civilized and […]

MON, DAY 98: Birth of Remedies Case: Trillion Dollar Baby Left on Tobacco’s Doorstep

Monday, May 2nd, 2005

May 2, 2005, 10:12 PM
The first witness in DOJ’s remedies case, Biostatistician Dr. Timothy Wyant, testified this morning about Smoking-Attributable Health Care Costs for the 1954-2000 “Youth-Addicted Population,” ie, smokers addicted as youths sometime during the period 1954-2000, the period of Defendants’ alleged wrongdoing.
Dr. Wyant presented an interesting animated chart of this cohort. The chart […]