Quote:
Originally Posted by chezlaw
If you are presenting statistics in a methodologically defensible way, then you have leeway. You are not allowed to present blatant math errors to a jury in the United States.
In other words, if an expert for the other side made the error you describe, in 99.9% of cases, you either would be able to get the expert struck entirely or the Court would preclude the expert from offering opinions that repeated the math error.
You also would have an exceedingly difficult time finding an expert who was willing to make that sort of error intentionally. If you are a professional expert, it is very bad for business if your opinion is excluded by a court. If that happens a few times, your career as an expert is diminished significantly. When you are looking for an expert, one of your first questions is "has a court ever excluded your opinion?" If the answer is yes, it's a big red flag, especially if you are looking for an opinion on a closely related topic.