Hittinger Authors "Novel Theories Have No Place In The Courtroom" for Law360

Articles / May 24, 2012

Carl Hittinger authored an article for Law360 on May 24, 2012, exploring the use of novel theories and creative methodologies in courtrooms during civil and antitrust trials. The article ("Novel Theories have No Place in the Courtroom") discusses the appropriateness of expert opinions being used to create new theories in the courtroom, as it puts the jury in the position of deciding whether or not the new theory is credible or reliable. Hittinger cites the opinion put forward in Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), which outlines a clear path for courts to determine whether a theory should be used in court or not.

Hittinger concludes that the courtroom is not the right place to test new theories, as "courts and juries are simply ill equipped to sort out such novel thinking."

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