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Statistical Analysis

By Jerome M. Staller, Ph.D.

Complex statistical evidence — based on huge samples, reams of academic and government studies and hours of testimony — has been the weapon of choice in many epic battles. The list of major cases in which both sides have deployed legions of statistical experts is impressive: Bendectin, silicone breast-implants, Agent Orange and tobacco are just several of the many substances over which massive statistical battles have been waged. Currently, both sides of the debate over whether caps on non-economic damages help reduce medical malpractice insurance premiums are trading ground-shaking volleys of weapons-grade statistical analysis.

However, in many litigated cases, a more modest use of statistical analysis can be a deadly counter to the opposing side's expert evidence. In two cases in which my firm has rendered assistance to a legal team, ill-advised testimony was refuted quickly and convincingly by holding the statements up to the cold light of probability analysis.

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