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 subsection earlier this year. Brian Troyer of Thompson Hine in Cleveland will be joining us this time around. Here’s a synopsis of the program, followed by a link to the registration page:
As class certification standards have become more rigorous, the use of statistical evidence in certification proceedings has become an integral part of class action litigation. Effectively using or challenging statistics can be the difference between winning and losing a class certification motion.
Since statistical evidence is introduced through expert witness testimony, Daubert challenges may be an effective strategy. This raises the issue of the scope of the court’s inquiry into the merits at the class certification stage.
The prominent role of statistical evidence in class certification is underscored in Wal-Mart v. Dukes. The Court weighed in on both the level of statistical proof to sustain certification as well as the appropriate standard for a Daubert analysis.
My fellow panelists and I will provide class action counsel with a review of the Court’s treatment of statistical evidence and expert testimony in Wal-Mart v. Dukes, discuss admissibility and use of statistics in certification proceedings, and outline strategies for using statistics and cross-examining statistics witnesses.
We will offer our perspectives and guidance on these and other critical questions:
- How did the Supreme Court in Wal-Mart v. Dukes address the level of Daubert analysis at the class certification stage?
- What types of statistics can be introduced and what are the proper ways to utilize statistics?
- What strategies can counsel use to effectively cross-examine statistics witnesses?
- What are the recent trends in the use of statistical evidence to support a class certification motion?
After our presentations, we will engage in a live question and answer session with participants — so we can answer your questions about these important issues directly.
I hope you’ll join us.
For more information or to register, click here.