Law360, New York ( January 13, 2016, 12:07 PM EST) -- Corporate defendants in litigation must beware the increasingly aggressive use of inferential statistics. While legal standards often seem comparable to a mathematical balancing test — such as the "more probable than not" preponderance standard — the scientific and legal standards are not congruous. Expert witnesses armed with statistical models can quickly push a company into defending against a collection of data points representing an average of probabilities, rather than an actual party with a concrete injury and specific damages. Without such specifics, a defendant will have difficulty challenging the plaintiff's claims or mounting an effective affirmative defense....
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