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The professors found that in the 40 cases where both the merger premium and the court's finding were disclosed, appraisal litigation generated a median award of 50.2 percent over the buyout price.
But in writing the opinion, Judge Guido Calabresi of the United States Court of Appeals for the Second Circuit, in Manhattan, noted that the judges "would be ostriches if we failed to take judicial notice of the heavy stream of First Amendment litigation generated by New York City in recent years".
Science (litigation generated or not) is presented at trial by partisan expert witnesses.
We also address a boundary question: What science is litigation generated, and what science is not, or, indeed, does the boundary itself make any sense?
Similar(54)
Impact litigation generates benefits beyond a specific case.
TiVo has turned to litigation to generate revenue from licensing fees as it struggles with competition from low-cost rivals.
Corporate and litigation partners generate big fees by assigning armies of junior lawyers to megamergers and complex lawsuits.
Judge Alex Kozinski in effect denied the power of litigation to generate scientific knowledge untainted by the interests of the parties [but see Boden and Ozonoff (2008)].
This article focuses on another criterion, offered by the Ninth Circuit Court of Appeals, that instructs judges to assign lower credibility to "litigation science" than to science generated before litigation.
Unfortunately, that litigation has now generated some unusual circumstances of its own making".
In this role, judges would "focus on the process through which litigation science is generated rather than on its validity or invalidity.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com