Articles

The use of statistical sampling to generate common issues for resolution via class action presents serious due process questions. Someday, the Supreme Court will need to resolve those questions because constitutional protection of due process cannot be reconciled with statistical sampling that allows plaintiffs to forego any demonstration of indivi ...

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 demonstr ...

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 … ...