Addressing low response rates in expert surveys

In this Law360 article, Kristen Backor (a survey and market research expert), Brandon Duke (a litigator), and Yamini Jena (an analyst in litigation consulting) explore the response rates for surveys relied upon by experts in federal litigation. What constitutes an acceptable response rate remains under debate in the broader research community, and there has been little to no exploration of acceptable response rates in a litigation context. The authors consider surveys that have been used as expert evidence in several different cases and the response rates obtained for each. By reviewing response rates that have been either found to be reliable evidence or excluded by federal courts, the authors aim to provide guidance to researchers and litigators seeking to use survey data to support their case.