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A University of Maine Law School professor says it’s unlikely a judge or jury will actually settle the science around lobstering’s impact on North Atlantic right whale mortality in a recently filed defamation lawsuit against Seafood Watch and the Monterey Bay Aquarium Foundation.

Instead, Dmitry Bam explained, the case—if it ever reaches trial—will probably turn on whether the aquarium’s seafood sustainability program was negligent or reckless about the evidence it actually used to claim that scientific data demonstrate that lobstering harms the endangered whale species.

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