OK, so this doesn’t really have anything to do with CAFA, but hey – how many times do we have an opportunity to pass on a legitimate post about condoms? This may, in fact, be the first time in our five-year history. So, as a public service, we’re referring you to Russell Jackson’s post over at the Consumer Class Actions & Mass Torts blog on the Trojan-Enz litigation, rather than make sophomoric jokes (as we’re sometimes prone to do). Hey, this is stuff you really need to know. Here’s the post.
Posted on April 7, 2010 by Russell Jackson
When I teach Product Safety and Liability, I often find that one of the most difficult questions to answer is who — or really, what branch of government — should be making a decision on a particular issue. Institutionally, courts have inherent limitations. They work within the confines of actual disputes between individuals; they are not legislators and have no broad factfinding powers. They often have limited capabilities when it comes to questions of science and require expert testimony. And when the causes of action at issue allow for a jury trial, a group of individuals who are "scientifically challenged" may be the ones actually charged with finding the facts. [Here’s the rest of the story . . .]