Carl Tobias
Carl Tobias
difficult forward perhaps strongest struck testimony whose witness
The witness whose testimony was struck was their first and perhaps their strongest witness, and so that could make it difficult going forward on the case.
moderate specter
Specter is the key, and then it comes down to moderate Republicans and where we were in May.
case litigation strategy
One case does not a whole litigation strategy make.
fight willing
That's where Rehnquist was at his most vocal, ... He was always willing to fight for an independent judiciary.
buying guns maybe past stuck time tough
Sensenbrenner has been tough and stuck to his guns on past occasions. Maybe buying time will help.
behavior group saw sure turned
She turned that to some constructive use. Once it happened, it probably made sense to make sure every group saw the same behavior and he cooperated.
compromise reasonable trying work
She's trying to work a compromise that's reasonable all the way around.
blatant careful case confronted difficult hard thinking tried violation
She has tried as hard and she can to get this difficult case right, and then she is confronted with a blatant violation of the rules. She has been careful and cautious, but probably is thinking about some kind of sanction.
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.
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.
seems senators
Right now it seems like the uncertainty would make senators more circumspect with Roberts.
high liability needs negligence prove question shield standard unusual
The question is how high the liability shield needs to be. I think 'willful misconduct' is too high. We usually use some kind of negligence standard in these situations. It would be very unusual that you could prove that intentional misconduct had happened.