Statistics in Class Certification and at Trial: Leveraging and Attacking Statistical Evidence

Lessons From Recent Cases on the Use of Statistics to Prove Classwide Liability and Damages

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, January 23, 2018

Recorded event now available

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Program Materials

This CLE webinar will explore and provide guidance on the use of statistical analyses in class litigation.


Controversy continues to surround the use of statistics in class actions as plaintiffs propose to use statistical methods like sampling, regression, and standard deviation to prove commonality and predominance or classwide injury and damages. At other times, defendants use statistical methods in opposing class certification or defend on the merits, and the boundaries between them may appear unclear.

The seminal Wal-Mart Stores v. Dukes ruling focused attention on the use and limitations of statistics in class certification contests. Comcast v. Behrend reinforced Dukes by requiring econometric damage analyses to correspond to liability theories, and later cases like Duran v. U.S. Bank N.A. have provided further guidance on the use of statistical analysis at certification and trial. Many expected Tyson Foods v. Bouaphakeo to provide definitive guidance in the area, but it was resolved on more limited grounds, and the use of statistics continues to be a fertile ground for litigation.

Listen as our experienced panel of practitioners examines the use of statistics in class litigation and the implications of recent case law for class litigators seeking to use or restrict these kinds of evidence during class certification and trial.



  1. Overview of statistics concepts and their uses
  2. Notable case law
  3. Strategic considerations


The panel will review these and other key issues:

  • What are the implications of recent case law on the use of statistical sampling to prove classwide liability and damages?
  • 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 evidence?


Karlsgodt, Paul
Paul G. Karlsgodt

Baker Hostetler

Mr. Karlsgodt has a diverse complex commercial litigation practice that emphasizes class action defense. He is editor...  |  Read More

Troyer, Brian
Brian A. Troyer

Thompson Hine

Mr. Troyer represents clients in complex litigation and has extensive experience in areas including securities...  |  Read More

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