; Manning the Daubert Gate: A Defense Primer in Response to Milward v. Acuity Specialty Products
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Manning the Daubert Gate: A Defense Primer in Response to Milward v. Acuity Specialty Products

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On Jan 9, 2012, the US Supreme Court denied certiorari in Milward v Acuity Specialty Products Group, Inc and, in so doing, let stand a First Circuit holding that a plaintiff expert's medical causation opinion resting solely on a self-proclaimed "weight of the evidence" analysis satisfied the Daubert requirements of scientific reliability and relevance. Even prior to the Supreme Court's certiorari decision, the plaintiff bar and its allies heralded Milward as holding out the "promise of reshaping toxic tort causation law," and the newly-issued Restatement (Third) of Torts had labeled Milward "one of the most significant toxic tort causation cases in recent memory." With Milward now final, defendants in toxic tort, pharmaceutical, and other science-based litigation can anticipate confronting Milward in response to any future Daubert challenge to plaintiff causation experts.

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