Court considers statistical evidence on causation

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted June 22, 2022 10:42 AM

OJ Commerce LLC relied on a probabilistic argument — involving a 66% statistical likelihood derived from NOCO Co.’s alleged role in “two of three equally likely possibilities” — to overcome a proximate cause problem when it sued NOCO in the Northern District of Ohio for allegedly submitting false complaints that prompted Amazon to temporarily suspend its seller’s account.OJC’s use of “pure statistical evidence” conjured up “visions of the classic Blue Bus hypothetical,” Circuit Judge John B. Nalbandian explained.“NOCO Co …

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