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

A live 90-minute CLE video webinar with interactive Q&A


Tuesday, November 9, 2021

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926

This CLE course will explore and guide trial lawyers on the use of statistical analyses in class litigation.

Description

Statistical evidence is commonly used by both sides in class action cases, including employment discrimination cases, wage and hour cases, missed meal and rest break cases, and antitrust cases.

In the employment context, defendants frequently argue that the Supreme Court decisions in Wal-Mart Stores v. Dukes and Comcast v. Behrend have limited the use of statistical evidence in class action cases. Plaintiffs respond that the Supreme Court approved the use of statistical evidence in Tyson Foods v. Bouaphakeo.

In Tyson, the Supreme Court declined to establish a general rule for statistical evidence, concluding that it varies based on the claims asserted in a particular case, and emphasized that in many cases, statistical evidence is admissible and an appropriate means to establish both liability and damages. Other cases have narrowed the Dukes and Comcast decisions to the specific facts of those cases.

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.

READ MORE

Outline

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

Benefits

The panel will review these and other key issues:

  • What are the implications of recent case law on using 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 use them?
  • What are the most compelling challenges to the use of statistical evidence?

Faculty

Finberg, James
James M. Finberg

Partner
Altshuler Berzon

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

Aphrodite Kokolis
Aphrodite Kokolis

Counsel
Schiff Hardin

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

Attend on November 9

Cannot Attend November 9?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

Download