Sampling and Reliability in Class Action Litigation

It is often argued that the use of sampling to prove classwide liability and damages in class action litigation serves purposes of efficiency, but only at the cost of reliability. Concern for reliability is central to the permissibility of such methodologies. This article explains certain conclusions regarding sampling and reliability — and, particularly, that sampling may improve the reliability of legal outcomes — and discusses these conclusions in light of the Supreme Court’s recent decision in Tyson Foods, Inc. v. Bouaphakeo