Statistical Evidence in Wage and Hour Class Actions: Implications of Tyson Foods for Certification and Trial
Disputing or Leveraging Representative Sampling to Prove Classwide Liability and Damages
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will arm employment counsel with strategic approaches for disputing or leveraging the use of statistical evidence to establish classwide liability in wage and hour actions in the wake of the Supreme Court’s 2016 decision, Tyson Foods Inc. v. Bouaphakeo. The panel will discuss the most significant aspects of the Court’s ruling and how the case is being applied by lower courts, review statistical sampling techniques relevant to wage and hour cases, and examine best practices for employment counsel going forward.
- Review of Tyson Foods Inc. v. Bouaphakeo
- How lower courts are applying Tyson Foods Inc. v. Bouaphakeo
- Statistical evidence and liability
- Plaintiff strategies for leveraging statistical evidence
- Defense strategies for attacking statistical evidence
The panel will review these and other key issues:
- How are lower courts applying the Supreme Court’s decision in Tyson Foods Inc. v. Bouaphakeo?
- What types of statistics can be introduced during certification and trial and what are the proper ways to utilize them?
- What are the most effective challenges to the use of statistical sampling?
- Under what circumstances should counsel advocate for individualized assessments of damages as opposed to extrapolating from an average?
James M. Finberg
Mr. Finberg’s practice consists primarily of representing employees in class and collective actions... | Read More
Mr. Finberg’s practice consists primarily of representing employees in class and collective actions involving workplace discrimination and wage/hour violations, and representing voters in voting rights actions. He is the author, or co-author, of numerous articles and book chapters on various topics of discrimination and wage/hour law and the use and trial of class and collective actions.Close
Bradley J. Hamburger, Esq.
Gibson Dunn & Crutcher
Mr. Hamburger practices in the firm’s Class Actions, Appellate and Constitutional Law, and Labor and Employment... | Read More
Mr. Hamburger practices in the firm’s Class Actions, Appellate and Constitutional Law, and Labor and Employment practice groups, and focuses on complex litigation and class actions in both trial courts and on appeal. He has defended clients in class actions across numerous substantive areas of law, including employment, consumer fraud and products liability.Close