: The Blawgraphy
Life of a Law Student, University of Houston Law Center

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Law of Swine Flu


Because I’ve realized that I currently have a very expensive Westlaw account for free, I’ve taken to abusing that privilege by researching things that I doubt any sensible client will ever pay me for.

Since the word of the day is “swine flu” I’ve learned that

  • This is not the first swine flu epidemic. “The Swine Flu Act of 1976 was an attempt by the Federal Government to inoculate the entire adult population of the United States against the threat of a swine flu epidemic. It was the largest immunization program in this country’s history and over forty-five million Americans-or one-third of the adult population-were vaccinated.” In re Swine Flu Immunization Products Liability Litigation, 533 F.Supp. 567 (D.C.Colo., 1980).
  • A trial court may also appoint a panel of experts for assistance in resolving particularly complex issues, but that an expert with a doctorate degree in clinical immunology is not qualified to give an opinion on the relationship between swine flu vaccination and Guillain-Barre syndrome. Gates v. U.S., 707 F.2d 1141, 13 Fed. R. Evid. Serv. 712 (10th Cir. 1983).
  • The law of the situs of vaccination applies. Id.
  • Evidence of habit is highly probative in a products liability action for the purpose of showing that a person acted in conformity with his or her habit on a particular occasion. In re Swine Flu, 533 F Supp at 569.

I wonder where I could find a good pork chop… I feel like being swined and dined tonight.

Real Life Crim Law Hypo: Texas Dies from 35 Year Old Bullet Wound, Ruled Homicide

Who’d have thunk it… well, besides a law professor…

A man shot in the back 35 years ago has died of complications from the shooting and his death has been ruled a homicide — but prosecutors fear the trail for the suspect has long ago gone cold. So far, police and prosecutors said they have been unable to find out who shot Craig Buford in the back in Denver in 1973. It was a time before records could be filed on computers. Lynn Kimbrough, a spokeswoman with the Denver District Attorney’s Office, told The Associated Press on Tuesday that her office might file charges if evidence and witnesses can be found.

Houston Chronicle: Death of Texan who just died from 1973 bullet wound ruled a homicide (archived)

Hearsay Exceptions, Set to Music, with graphic Lego Animations (NSFLS)

Someone has entirely too much time on their hands.

Video: Push Ups or Ticket?

This is hilarious and probably not such a bad job of police work either.

Mistaken Identity in the Courtroom

The Tex Parte Blog carried this priceless exchange on cross from a criminal trial in Dallas County:

On Nov. 11, George Milner Jr., a partner in Dallas’ Milner and Finn who’s considered the dean of the Dallas criminal-defense bar, was defending Marc Needham, who was accused of misdemeanor assault. Both Milner and his client are older gentlemen. When Dallas County Assistant District Attorney Brian Poe asked a witness during direct examination to identify the defendant, she pointed to Milner. Poe asked her if she was sure, to which she replied: “He’s the only one in the blue suit with blue tie. He stood up and objected. Him — that’s him there.” After Poe passed the witness, Milner didn’t miss a beat, telling Judge Angela King: “Your honor, first of all let me enter a plea of not guilty,” then he began cross-examining the witness. When Milner asked her what she remembered, she said: “Well, sir, I hate to tell you this, but the first thing I heard was you pointing a gun at me and saying, ‘Now do you want to F with me?’ Don’t you remember that?” “No. My memory is about like yours,” Milner said. “No, mine is very sharp, sir,” she replied. During redirect examination Poe asked the witness, “Would you be surprised that the person you’ve been talking to for the last 25 minutes is actually named George Milner? He’s a prominent attorney here in town, and he represents Marc Needham?” She replied, “Well, that’s a good trick they played, because he looks just like him to me.” The jury found Needham not guilty.

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