Statistical Evidence in Wage and Hour Class Actions Since Tyson Foods: Impact on 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 course 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. The panel will discuss how the lower courts are applying Tyson Foods Inc. v. Bouaphakeo, 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
- Representative 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 currently applying the decision in Tyson Foods Inc. v. Bouaphakeo?
- How to meet the Daubert standard to have the statistical analysis admitted under Rule 702.
- What types of statistics can be introduced during certification and trial, and what are the proper ways of utilization?
- What are the most effective challenges to the use of statistical sampling?
- Under what circumstances should counsel advocate for alternative ways to prove damages as opposed to extrapolating from samples?
Gregory V. Mersol
Mr. Mersol focuses his practice on the resolution of class action and other complex employment disputes. He is a... | Read More
Mr. Mersol focuses his practice on the resolution of class action and other complex employment disputes. He is a frequent speaker and writer on issues involving class actions and the defense of class action disputes. He has been certified as an employment law specialist by the Ohio State Bar Association and has been designated a Master Bencher by the Cleveland Employment Inn of Court.Close
Jeffrey S. Petersen, Ph.D.
Allman & Petersen Economics
Mr. Petersen, Ph.D. has served as a statistical and damages expert for plaintiffs and defendants in over 70 class... | Read More
Mr. Petersen, Ph.D. has served as a statistical and damages expert for plaintiffs and defendants in over 70 class action wage and hour cases. Many of these cases involved using a data sample to show classwide liability and damages. He has authored peer-reviewed journal articles on conducting surveys in class action wage and hour cases and statistical inference from sample data.Close
Michael J. Scimone
Outten & Golden
Mr. Scimone represents employees in class and collective actions, focusing primarily on wage and hour litigation.| Read More
Mr. Scimone represents employees in class and collective actions, focusing primarily on wage and hour litigation.Close