You’re stuck with Bexis this time. The recent Zandi v. Wyeth decisions that we’re going to discuss are too close for comfort to some matters that Herrmann’s defending – so he’s taken a pass on this one. You may now flee for the exits. Line forms on the right. No pushing.

We’ve remarked before that

We’re so used to adverse decisions out of the District of Minnesota – what with the defibrillator MDLs “distinguishing” Buckman into near oblivion, and the heart valve MDL persisting in certifying classes despite being told not to by the Eighth Circuit – that good news from that district is like a breath of fresh air.

Scientific experts of course require that statistical significance be established at a p-value of .05, which is a 95 percent confidence interval. The 95 percent confidence interval is completely unrelated to the burden of proof in a civil case — the “preponderance of the evidence.”

We nonetheless frequently hear plaintiffs maintain that “the burden of