Tag Archives: statistical sampling

California Supreme Court Pounds Another Nail into the Coffin of “Trial by Formula” in Class Actions

Photo of Paul KarlsgodtBy Paul Karlsgodt on Posted in Class Action Trends, Employment
Editor’s Note: This blog post was originally posted on ClassActionBlawg.com. It is reproduced with permissions. The California Supreme Court issued its long-awaited decision in Duran v. U.S. Bank National Association yesterday, addressing the use of statistical sampling as a way of evaluating aggregate liability and damages in a class action. Although Duran is a wage … Continue Reading

Trial By Formula, Statistical Sampling, and the Right to Due Process

Photo of Paul KarlsgodtBy Paul Karlsgodt on Posted in Class Certification, Expert Testimony
A common temptation in class action litigation is to fashion procedures based on “rough justice” to avoid overburdening the courts or attempting to redress alleged mass harm.  Over the past decade, as storage and computing power have increased exponentially, it has become increasingly tempting to use statistical sampling as a proxy for the actual adjudication of … Continue Reading
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