The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Saturday, November 22, 2008

If you drink you die...

a little earlier that is...

According to life expectancy 1.0 calculators, a person who never drinks (that is never, ever), will life about 5 years longer than a person who drinks 3 or so drinks a day.

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Monday, November 17, 2008

Convenience v. Random Sampling in Wage and Hour

Convience sampling v. Random sampling:

A convenience sample is a sample where individuals are selected, in part or in whole, at the convenience of the researcher. The researcher makes no attempt, or only a limited attempt, to insure that this sample is an accurate representation of some larger group or population.

The classic example of a convenience sample is standing at a shopping mall and selecting shoppers as they walk by to fill out a survey.

In contrast, a random sample is one where the researcher insures (usually through the use of random numbers applied to a list of the entire population) that each member of that population has an equal probability of being selected.

See how convenience samples can potentiallly help improve a random sample 10498-en.pdf

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Monday, November 10, 2008

Race is off-limits factor in wrongful death case

From: Federal Judge Blasts Use of Statistics on Race to Set Damages in Ferry Crash, Anthony Lin, New York Law Journal, October 15, 2008


A Brooklyn federal judge has slammed the use of statistics showing racial differences in life expectancy to determine damages for a catastrophically injured black man.James McMillan was rendered a quadriplegic in the 2003 crash of the New York City-operated Staten Island Ferry. Last month, Eastern District of New York Judge Jack B. Weinstein awarded McMillan damages of $18.3 million.

The city had sought to limit McMillan's damages on a number of grounds, arguing that his past criminal records as much as his race indicated a shorter life expectancy. But Weinstein indicated during trial he would issue a written decision further explaining his reasoning on the race issue.

Issuing that decision Tuesday, Weinstein said the consideration of statistical differences in life expectancy among races in determining damages would be discriminatory and unconstitutional. He noted that a wrongheaded insistence on immutable racial differences had been behind the U.S. Supreme Court's infamous decision in Plessy v. Ferguson, 163 U.S. 537 (1896), which upheld racial segregation under the doctrine of "separate but equal.""Statistical reliance on 'race' leads to such questions as whether Plessy would have been today categorized as 'African American' for life expectancy purposes,"

Weinstein wrote. "In a more recent example, 'racially' characterizing for statistical purposes in a negligence lawsuit the current Democrat Party presidential candidate, born of a 'White' American mother and an 'African' citizen of Kenya, would be considered absurd by most Americans."

The judge also said racial statistics should be rejected on scientific grounds, and he approvingly cited a number of well-known anthropologists who regard race as a social construct rather than a biological fact."Reliance on 'race'-based statistics in estimating life expectancy of individuals for purposes of calculating damages is not scientifically acceptable in our current heterogeneous population,"

Weinstein wrote in McMillan v. City of New York, 03 civ. 6049.Though the judge acknowledged a documented mortality gap between blacks and whites, he said the gap likely owed much to socioeconomic factors masked as "race."

He noted some studies indicating that blacks and whites of equivalent socioeconomic status enjoyed similar longevity.Weinstein said that courts had increasingly moved toward race- and gender-neutral calculations of damages, and observed that racial differences were ignored by Special Master Kenneth R. Feinberg in his administration of the federal September 11th Victim Compensation Fund.The Corporation Counsel's Office declined to comment on Weinstein's decision.

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