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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, April 13, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will guide trial lawyers on the use of statistical analyses in class litigation.

Faculty

Aphrodite Kokolis
Counsel
ArentFox Schiff LLP

Ms. Kokolis has a special practice emphasis on complex and appellate litigation, particularly the defense and settlement of class actions. She has litigated dozens of class action suits in federal and state trial and appellate courts involving insurance coverage and claims practices, as well as constitutional cases, consumer fraud and product liability, among others.

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James M. Finberg
Partner
Altshuler Berzon LLP

Mr. Finberg’s practice consists primarily of representing employees in class and collective actions involving workplace discrimination and wage/hour violations, and representing voters in voting rights actions. He is the author, or co-author, of numerous articles and book chapters on various topics of discrimination and wage/hour law and the use and trial of class and collective actions.

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Description

Increasingly, statistical evidence is used by both sides to argue the makeup of the class, damages, liability, and certification in every type of case: employment, data breach, ESG, antitrust, consumer product, and commercial class action cases. Economists and practitioners can use statistics to measure the impact on individual members and show where there is no impact.

Building on Wal-Mart Stores v. Dukes, Comcast v. Behrend, and Tyson Foods v. Bouaphakeo, the Ninth Circuit Court of Appeal recently explored the use of statistical expert evidence in satisfying relevant requirements under Rule 23(b)(3) in Olean Wholesale Grocery Co-op Inc. v. Bumble Foods L.L.C. and once again shifted the certification landscape.

Class action lawyers must be able to analyze both the methodology and inferential process that produce statistical evidence, and their effect on admissibility, relevance, and strength of the resulting evidence.

Listen as our experienced panel of practitioners examines the use of statistics in class litigation and the implications of recent case law for class litigators seeking to use or restrict these kinds of evidence during class certification and trial.

Outline

  1. Overview of statistical concepts and their uses
  2. Notable case law
  3. Strategic considerations

Benefits

The panel will review these and other key issues:

  • What are the implications of recent case law on using statistical sampling to prove classwide liability and damages?
  • What types of statistics can be introduced during certification and trial, and what are the proper ways to use them?
  • What are the most compelling challenges to the use of statistical evidence?