Remix.run Logo
dragonwriter 2 hours ago

> The argument that research was suppressed and this is somehow damning is absurd on its face.

The argument is not that it is vaguely "somehow damning".

The argument is that the existence of the research and its findings, and that it was in the hands of the firms, and that the actively chose to suppress it, is evidence of one specific fact relevant to liability—that, at the time that they made relevant business decisions that occurred around or after the review and decision to suppress the reports, they had knowledge of the facts contained in the report.

> The most obvious reason being that they obviously didn't do a very good job of suppressing it given that we hear this claim every day.

The success of suppression is not relevant to what the decision to suppress is used to prove.

> The second being that they could have just not done this research at all and then there would have been nothing to "suppress"

The fact that, had they made different decisions previously, they would not have had knowledge of the facts that they actually had when they made later business decisions is also not relevant to what the existence and suppression of the research is used to prove.

> (this terminology is also very odd... if 3M analyzes different sticky notes and concludes that their competitors sticky notes are better than theirs but does not release the results, is that suppression?).

It would obviously be suppression of the report (which isn't a legal term of art but a plain-language descriptive term), but unless they later made fact claims about their product that were contrary to what was in the suppressed report and were being sued for fraud or false advertising, that suppression probably wouldn't be useful as evidence of anything that would produce legal liability.

> The third is that studies with the same results have come out probably every year since 2010 and have been routinely cited in the mainstream press.

Which is addditional, though weaker, evidence of the firms knowledge of the same conclusions (weaker, because its pretty hard to prove that the firm had particular knowledge of any of those studies, but it is pretty easy to prove that they had knowledge of the studies that there is documentation of the commissioning, reviewing, discussing internally, and deciding to suppress.)

But it doesn't in any way counter the weight of the evidence of the suppressed reports, it weighs in the same direction, just in much smaller measure.