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Marketing experts' misplaced expertise in the courtroom

Marketing experts' misplaced expertise in the courtroom Unfair and deceptive marketing claims are becoming a mainstay of product liability litigation in the United States, and therefore, marketing experts will continue to play a significant role in these cases. Too often, judges permit individuals with no legitimate expertise in marketing to offer expert opinions about the intent and effect of a defendant company's advertisements. Many times, these opinions are premised on unscientific research or even no research at all. To protect the legitimacy of the marketing discipline, not to mention the litigation process, judges, lawyers, and marketing professionals should apply more stringent standards when determining who qualifies as a marketing expert and when assessing whether that expert's opinions have a legitimate basis. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Consumer Marketing Emerald Publishing

Marketing experts' misplaced expertise in the courtroom

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Publisher
Emerald Publishing
Copyright
Copyright © 2004 Emerald Group Publishing Limited. All rights reserved.
ISSN
0736-3761
DOI
10.1108/07363760410558645
Publisher site
See Article on Publisher Site

Abstract

Unfair and deceptive marketing claims are becoming a mainstay of product liability litigation in the United States, and therefore, marketing experts will continue to play a significant role in these cases. Too often, judges permit individuals with no legitimate expertise in marketing to offer expert opinions about the intent and effect of a defendant company's advertisements. Many times, these opinions are premised on unscientific research or even no research at all. To protect the legitimacy of the marketing discipline, not to mention the litigation process, judges, lawyers, and marketing professionals should apply more stringent standards when determining who qualifies as a marketing expert and when assessing whether that expert's opinions have a legitimate basis.

Journal

Journal of Consumer MarketingEmerald Publishing

Published: Oct 1, 2004

Keywords: Product liability; Litigation; Marketing; United States of America

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