Supreme Court Commentaries
Statistical Analysis, Class Actions, Class Certification
Constitutional Law | Supreme Court of the United States
Statistical analysis potentially plays an important role in class-action litigation, but the use of such evidence is limited at the class-certification stage of such suits. This Commentary previews an upcoming Supreme Court case that deals with the question of whether inferential evidence may be used to certify a class in a class-action lawsuit. Because this case deals with a violation of a duty, imposed by statute, on the defendant, this Commentary argues that under existing precedent, inferential statistical evidence is appropriate for determining the question of class-certification.
Wenbo Zhang, Tyson Foods, Inc. v. Bouaphakeo: The Use of Statistical Evidence in Class Actions, 11 Duke Journal of Constitutional Law & Public Policy Sidebar 133-147 (2016)