Nield v. Pocatello Health Services, Inc.

Courts decide eases in one of two ways: (a) they apply the law to the facts and thereby arrive at the result or (b) they determine the desired result and then twist the law and/or the facts to justify it. The error made by the district judge was applying the law to the facts, which produced a result that the majority does not like.

I. To Reach Its Result, the Majority Misstates What the District Court Ruled.

The majority begins its analysis by stating that “[t]he- district court determined that Dr. *820Selznick’s affidavit was inadmissible because it did not negate possible alternate sources…