battle of the experts

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battle of the experts2016-12-26T22:11:13+00:00

battle of the experts 


A popular term for a dispute played in front of a jury in which the prosecution and defence have experts who express different–or even diametrically opposite–interpretations of a case’s causation.

Jury trials may be decided not on the merits or (God forbid!) the truth, but rather on which side puts on the best show. Battles of the experts have resulted in large settlements for cases that were less than meritorious, the classic being Daubert v. Merrell Dow (1993), in which the science community believed that Bendectin was not linked to birth defects, but the jury was nonetheless swayed by plaintiffs’ experts into awarding massive sums to parties that suffered birth defects allegedly due to the mothers’ Bendectin use during pregnancy.

Reference Law and Contemporary Problems Vol. 2, No. 4, Expert Testimony (Oct., 1935), pp. 419-435

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