Caselaw

Class Action (Tel Aviv) 11278-10-19 Yehoshua Klein v. Oil Refineries Ltd. - part 50

January 13, 2026
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[...]

Q:        Would you agree with me, Professor Lin, that when there is uncertainty or when there is factual complexity, the existence or absence of a relationship between two variables is a statistical matter, is that correct?

A:        Nope. 

Q:        Explain.

A:        Biological matter.  It is a biological matter

(pp. 627-628)

And later on -

Adv. Dr. Tal Rotman: To take a person, You know he's a cancer patient, and according to your opinion, and we have already talked MORE LIKELY THAN NOT, 51 percent, etc., you know how to determine that there is a causal connection between his illness and environmental exposure.  Explain to me. 

A:        Very simple, that is, regardless of the calculations that are irrelevant, Because I claim that my approach is qualitative, not at all, not related to this statistic, which is based on Bayes' theorem and not on any other statistics or prospective or retrospective that is possible, I say there is no connection, not that there is no connection, it is irrelevant.  If there is past exposure to any carcinogen, let's say at every exposure, time, duration, intensity, every exposure, then it is more likely than not that there is a connection between them, it is either yes or no, or zero, I quote Rothman, or zero or 100 percent.  The calculations are irrelevant in this regard.  (page 693).

  1. On page 10 of his first opinion, Prof. Lin wrote , among other things: "...It is very likely that the pollutants in the air, which have been recognized as certain or possible carcinogens by the international institutions mentioned above, each in its own right, and all of them together, together with other risk factors, to create a cause of cancer in the plaintiffs."
  2. Lin was asked about what was stated in the above paragraph, and he answered as follows:

Adv. Mr. Gil Atar:  Which Plaintiffs Sick Here In cancer?

The witness, Prof. Mr. S.  Lynn:            I didn't speak, I didn't check and I didn't check any of the plaintiff's medical documents.

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