In preparing for our webinar on the use of statistics in class actions tomorrow, I discovered that the California Supreme Court has granted review in Duran v. U.S. Bank, a case that could have major implications for the future of statistical sampling as common proof in class actions. See my April 6, 2012 post titled Trial [...]
Posts Tagged ‘statistical evidence’
California Supreme Court to Weigh in on Statistical Sampling in Class Actions
Posted in Class Action Decisions, Class Action Trends, tagged brinker, california supreme court, class action, class certification, duran, inference, regression, sampling, statistical evidence, statistics, statistics in class actions, trial by formula, wage and hour on May 22, 2012 | Leave a Comment »
Don’t Miss the Upcoming Strafford CLE Webinar on Statistics in Class Actions
Posted in CLE Programs, tagged class actions, class certification, daubert, descriptive statistics, dukes, expert testimony, expert witness, inferential statistics, regression analysis, shreck, statistical evidence, statistician, statistics, wal-mart on September 14, 2011 | Leave a Comment »
I’m very excited to be speaking at an upcoming Strafford Publications CLE webinar entitled: Statistics in Class Action Litigation: Admissibility and the Impact of Wal-Mart v. Dukes. The program is scheduled for Thursday, October 6, at 1:00pm-2:30pm EDT. This is a beefed up version of a presentation that Justin Hopson and I did for the Colorado Bar Association class actions [...]
Don’t Miss Next Week’s CBA-CLE Legal Connection Program, Wal-Mart v. Dukes: Reshaping Class Certification
Posted in CLE Programs, tagged 23(b)(2), class certification, classwide proof, cle, common proof, commonality, continuing legal education, daubert, disparate impact, dukes, employment class action, expert testimony, rigorous analysis, scotus, statistical evidence, Supreme Court, wal-mart on July 5, 2011 | Leave a Comment »
Along with leading Colorado Employment attorney Todd J. McNamara, I’ll be presenting at a breakfast seminar at the CBA-CLE next Tuesday with the (hopefully) self-explanatory title: Wal-Mart v. Dukes: Reshaping Class Certification. The particulars follow below. Hope to see you there! When: July 12, 2011 8:30 AM – 9:30 AM Where: CLECI Large Classroom 1900 Grant Street, Suite 300 [...]
Don’t Miss the Upcoming CBA Class Action Subsection Luncheon, “Statistics in the Courtroom”
Posted in CLE Programs, tagged cba, class action statistics, class action subsection, class certification, dukes, regression analysis, statistical evidence, wal-mart on June 23, 2011 | Leave a Comment »
Colorado litigators, I hope you will consider attending our next Class Action Subsection Luncheon scheduled for next Thursday, June 30, 2011 at noon. The topic is “Statistics in the Courtroom.” I will be presenting the law, and my co-presenter, Justin Hopson of Hitachi Consulting, will be presenting the science. Among other things, we will analyze the [...]
Recent Trends in Federal Class Certification Standards
Posted in Class Action Decisions, Class Action Trends, Federal Civil Procedure, rule 23, tagged american honda motor, class certification, class certification standard, class certification trends, daubert, dukes v. wal-mart, eisen, expert testimony, frcp 23, in re ipo, regression analysis, rigorous analysis, rule 23, statistical evidence on May 4, 2010 | 1 Comment »
I’m embarrassingly late in reporting on them, but I would be remiss if I did not mention two key recent United States Circuit Courts of Appeals decisions addressing the legal standards governing class certification under FRCP 23: In American Honda Motor Co. v. Allen, No. 09-8051 (7th Cir., April 7, 2010) the Seventh Circuit held that a district court abused [...]


Thoughts on Wal-Mart Stores, Inc. v. Dukes
Posted in Class Action Decisions, Commentary, Employment Class Actions, Federal Civil Procedure, Supreme Court Decisions, tagged adverse impact, class certification, daubert, dukes, employment class action, expert witness, ginsburg, rigorous analysis, rule 23, scalia, statistical evidence, statistical proof, Supreme Court, wal-mart on June 20, 2011 | 5 Comments »
Many commentators correctly that the decision in Wal-Mart Stores, Inc. v. Dukes would be favorable to business interests. However, unlike the Court’s earlier decision in AT&T Mobility v. Concepcion, the decision does not necessarily threaten to sound a death knell for class actions or even a particular category of class actions. Instead, the decision merely clarifies the standards on which future class actions are to [...]
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