The Dimock verdict now having been overturned, it’s worth looking how fractivist experts did in the eyes of the judge. They didn’t impress him much at all.
Yesterday afternoon came the great news that the Dimock verdict had been overturned by Judge Carlson, the man who heard the entire case. For the record, Carlson not only but bent over backwards to accord the plaintiffs’ counsel respect they refused to give others, but he also stood on his tiptoes, stretched his arms and legs as far as they would go and offered to do somersaults to give the plaintiffs the opportunity to make their case.
Anyone who was there for any part of the trial could see that. Indeed, my view is Judge Carlson went too far in tolerating the plaintiffs’ counsel tactics and wasn’t explicit enough with the jury when he gave final instructions. He also allowed in very speculative expert witness testimony by the plaintiffs though he was anything but impressed by it.