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Untangling Causation Issues In Law And Medicine Hazardous Substance Litigation
Judges and juries are increasingly being asked to settle questions about disease caused by hazardous products.With the growth of litigation on toxic substances and unsafe products, more and more courts must wrestle with the complicated scientific proof of the relation between exposure and disease or injury.
This proof frequently involves the use of probabilistic evidence in the form of statistical tests and epidemiologic studies.
Anglo-American law relies on deductive notions of causation and is suspicious of probabilistic evidence of causation.As a result, court decisions of hazardous substance cases are sometimes based on a confused understanding of the critical causal connection.
Physicians who testify in such cases, either as the treating doctor or as expert witnesses, must be aware of the court`s difficulty with probabilistic evidence. In addition, physicians must state clearly the role of such evidence
It unlawful for an employer to discriminate on the basis of pregnancy, childbirth, or related medical conditions.
An amendment to Title VII of the Civil Rights Act of 1964, known as the Pregnancy Discrimination Act of 1978 (PDA), makes it unlawful for an employer to discriminate on the basis of pregnancy, childbirth, or related medical conditions. In 2005, EEOC received 4,449 charges of pregnancy-based discrimination. Of those charges, EEOC resolved 4,321 pregnancy discrimination charges and recovered $11.6 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).
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Definition:
Court sessions with the whole membership present rather than the usual quorum is called en banc or ?full bench?. U.S. courts of appeals participate in panels of three judges and are then said to be sitting en banc.
Bench trial
Definition:
A bench trial is a trial by a judge without the jury.
In forma pauperis
Definition:
Informa pauper means literally ?in the manner of a pauper.? While the plaintiff makes claim of poverty, he/she has the permission to sue without paying court fees.
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