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 Wednesday, November 13, 2019

Recorded event now available

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Course Materials

This CLE course will explore and provide guidance to trial lawyers 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 defending on the merits.

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 damages analyses to correspond to liability theories, and later cases like Duran v. U.S. Bank N.A. and Tyson Foods v. Bouaphakeo have provided further guidance on the use of statistical analysis at certification and trial. Nevertheless, 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 compelling challenges to the use of statistical evidence?


Finberg, James
James M. Finberg

Altshuler Berzon

Mr. Finberg’s practice consists primarily of representing employees in class and collective actions...  |  Read More

Aphrodite Kokolis
Aphrodite Kokolis

Schiff Hardin

Ms. Kokolis has a special practice emphasis on complex and appellate litigation, particularly the defense and...  |  Read More

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