Carl Tobias
Carl Tobias
closely despite litigation loss ought people watching win
Most people watching this litigation closely thought that Merck ought to win it. Despite the characterizations by Merck so far, I think this was really a loss for them.
people predicted
Most people predicted this but it wasn't a forgone conclusion.
injured life people takes
More and more people who have been injured or think they've been injured come forward. It takes on a life of its own.
came case circumstance dire government overstated seem strong
The government may have overstated the dire circumstances going in. But when they actually came to prosecute the case, it didn't seem as dire or as strong a case when they came to the courthouse.
avoid good government lose ruling supreme
The government is going to lose a very good ruling to avoid having this go before the Supreme Court.
clearly discourage easier exercise failure higher negligence reasonable standard
Negligence is much easier to prove; it's the failure to exercise reasonable care. Willful misconduct is a much higher standard. You must intentionally misbehave. ... The high standard would clearly discourage many suits.
difficult issue pressure specter thread
It's very difficult for Specter to thread the needle, because of all the obligations he has, ... There's substantial pressure on him because of the issue of reproductive freedom.
although believe clear early people roberts similar
It's too early to tell. Some people believe that Roberts may be similar to Rehnquist in his jurisprudence, although that's not at all clear yet.
It still doesn't tell us where things stand.
cases mass natural proceed quite
It's quite natural for mass tort cases to proceed under multidistrict litigation.
coming confirmed prevent
It's probably the only thing that could prevent him from being confirmed right now, barring something coming from out of nowhere.
bit russian sounds
It sounds like a little bit of Russian roulette.
england journal next question seems
The next question is the New England Journal flap. It seems to erode their credibility.
patterns
It's still too early. We just don't have the patterns yet.