Dear Colleagues,
Wolfgang Pauli is reported to have said about the contents of a colleague's paper: Das ist nicht nur nicht
richtig; es ist nicht einmal falsch!
A few ODGers are mentioned and explicitly misunderstood.
The case is an appeal from a jury decision. The panel did not agree with the trial judge's instructions to the jury on factual causation nor the form of the relevant questions to the jury. However, the panel did not send
the decision back for a new trial. The panel was satisfied that the deficiencies in the form of the jury questions and the judge's explanation of the aw did not affect the outcome: [8]
I agree with the panel that the jury made the correct decision on the facts as outlined by the panel.
My view of the panel's frolic on the law is captured by Pauli's aphorism, albeit I doubt the panel's analysis deserves even that much recognition. I prefer to leave it at that, online.
David Cheifetz