Quote:
Originally Posted by mikesouth
My point isnt so much that an individual case or whatever of where did you catch it would hold up, its during the appeal when they say heres the helth dept stats on the industry that they are required by law to send us, heres the general population stats, this is why workplace safety laws need to be in place on this industry, they are a burden to the healthcare system and they have a reckless disregard for the safety of their employees, to the extent that they DONT ALLOW condom use.
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You can never introduce new evidence on appeal. (exceptions for criminal death penalty cases I think) If the trial court didnt get to see it the appellate court doesnt get to take it into consideration.
And those reports will never make into a trial court since the Daubert motion will probably exclude it as not being relevant to the case at hand. (
http://en.wikipedia.org/wiki/Daubert_standard )
Im not arguing with you just pointing out that the studies that show STI rates in the industry dont mean anything to anyone except AHF who are using them for PR. They will probably not even be allowed to be introduced as evidence.