Addressing Low Response Rates In Expert Surveys

By Kristen Backor, Brandon Duke and Yamini Jena (May 23, 2022, 5:42 PM EDT) -- Testifying experts commonly rely on survey evidence to establish, or refute, claims about peoples' beliefs, attitudes and behaviors.

Along with gauging consumer perception in intellectual property disputes, surveys are also used to determine labor patterns in employment cases, to identify cross-shopping behavior in antitrust cases, and to certify or challenge proposed classes in class actions.[1]

Federal Rule of Evidence 703 confirms that expert testimony may depend on surveys or sampling, so long as "experts in the particular field would reasonably rely on those kinds of facts or data in forming an opinion on the subject."[2]

Just last month, Chief U.S. District...

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