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'Unreliable ' Articles, 'Trial by Literature ' Revisited

The reliance upon, and use of, unreliable hearsay literature by expert testifiers is a challenging topic that cuts across the spectrum of complex litigation. Often, the literature is comprised of technical or scientific articles published in some journal with a claim that the published work product has been "peer reviewed." The problems seem to have exacerbated.

32 minute read January 31, 2015 at 11:00 PM
By
Michael Hoenig
'Unreliable ' Articles, 'Trial by Literature ' Revisited

The reliance upon, and use of, unreliable hearsay literature by expert testifiers is a challenging topic that cuts across the spectrum of complex litigation. Often, the literature is comprised of technical or scientific articles published in some journal with a claim that the published work product has been “peer reviewed.”

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