"Unfortunately, in reprinting Table 3 of Kurabayashi’s Apo-B results, the district
court’s opinion cut off the inter-group statistical comparison. (Compare Appx30 with
Appx88404.) Defendants’ proposed findings of fact did so as well."
What was really "unfortunate"....was 4 things:
1. someone from the defendants side cropped the table which displayed Kura results.
3. The Covington lawyers failed to pick up this cropping of the Kura table
4. Judge Du, unaware of this cropping of the table, used this table as an important factor in her decision about the predominant prima facie evidence.
Let's see how this prima facie evidence holds up WITHOUT a cropped table.