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Tag: commonality

April 01, 2016

Searching for an answer: Google petitions the Supreme Court

Last week, the Supreme Court issued its narrow decision in Tyson v. Bouaphakeo, allowing class certification in a case dependent on statistical sampling to prove liability in limited circumstances. PLF's amicus brief in the case argued that statistical sampling is irreconcilable with due process protections that require plaintiffs to demonstrate in ...

March 22, 2016

Supreme Court offers little clarification regarding statistical sampling

The Supreme Court receives dozens of class action related cert petitions every Term, and today's decision in Tyson Foods v. Bouaphakeo is unlikely to stem the tide. The case arose when employees of a Tyson pork processing plant filed a class action claiming they were not paid for the time they spent donning and doffing ...

August 18, 2015

Class actions v. due process

In a case that will be heard next term, the Supreme Court will have to decide the limits of class action litigation.  In our amicus brief brief, PLF urges the Court to scrutinize those limits closely. In Bouaphakeo v. Tyson Foods, a group of plaintiffs sued Tyson Foods for purportedly failing to pay them for ...

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