The Draining of Daubert and the Recidivism of Junk Science in Federal and State Courts
There is no more important issue in the law of torts than factual causation. If a defendant is held liable for something it did not do, then the justice system has failed. On the other hand, if a defendant is able to convince a jury that it did not cause an injury for which it was responsible, that is also a miscarriage of justice. Both failures of our justice system are more likely to arise when factual causation is entwined with scientific evidence.