Too often, the important conflict is not between the plaintiff and the defense with the judge staying neutral, but between the lawyers and the non-professionals.

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The Iraqi government will be the "referring plaintiff" and present the evidence to the judge, according to Navy Rear Admiral Greg Smith.

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Wyeth argued, and the three-judge Superior Court of Pennsylvania agreed, that in a failure to warn case, the plaintiff has to suffer from the actual condition of which the drug company failed to warn.

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As Judge Smith pointed out, the plaintiff lawyers sued under the Electronic Communications Privacy Act and other laws that prohibit the unauthorized release of personal information.

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Guerra was replaced as judge on the case and then removed from the court in 2008, in what he described as retribution for challenging pro-plaintiff rulings by the judges who succeeded him, including the appointment of Richard Cabrera, a plaintiff scientific effort, to assess the evidence .

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