Add to ORKGpublished law review articleIn many mass tort cases, separately trying all individual claims is impractical, and thus a number of trial courts and commentators have explored the use of statistical sampling as a way of efficiently processing claims. Most discussions on the topic, however, implicitly assume that sampling is a “second best” solution: individual trials are preferred for accuracy, and sampling only justified under extraordinary circumstances. This Essay explores whether this assumption is really true. While intuitively one might think that individual trials would be more accurate at estimating liability than extrapolating from a subset of cases, the Essay offers three ways in which the “second best” assumption can be wrong. Unde...
Recently, the practice of deciding legal cases on purely statistical evidence has been widely critic...
Generally accepted auditing standards permit auditors to apply both statistical and nonstatistical s...
Few of the suits that are filed continue to trial, but some plaintiffs and defendants find their int...
In many mass tort cases, separately trying all individual claims is impractical, and thus a number o...
Courts and authors have suggested that, under certain circumstances, claim aggregation—and statistic...
“Trial by statistics” was a means by which a court could resolve a large number of aggregated claims...
It is often argued that the use of sampling to prove classwide liability and damages in class action...
This article discusses the problems with the use of statistical sampling in litigation. Sample-based...
Traditional judicial mechanisms that preserve litigants\u27 rights to due process and a jury trial c...
To establish causation, a tort plaintiff must show that it is more probable than not that the harm...
The 2016 Supreme Court decision in Tyson Foods, Inc. v. Bouaphakeo revived the use of “representativ...
The authors of this paper, statistics professors at Bryant University, recently had the opportunity ...
This paper was prepared for the 2012 Clifford Symposium honoring Marc Galanter which was held at DeP...
This paper investigates the boundaries of the recent result that eliciting more than one estimate fr...
Recently, the practice of deciding legal cases on purely statistical evidence has been widely critic...
Generally accepted auditing standards permit auditors to apply both statistical and nonstatistical s...
Few of the suits that are filed continue to trial, but some plaintiffs and defendants find their int...
In many mass tort cases, separately trying all individual claims is impractical, and thus a number o...
Courts and authors have suggested that, under certain circumstances, claim aggregation—and statistic...
“Trial by statistics” was a means by which a court could resolve a large number of aggregated claims...
It is often argued that the use of sampling to prove classwide liability and damages in class action...
This article discusses the problems with the use of statistical sampling in litigation. Sample-based...
Traditional judicial mechanisms that preserve litigants\u27 rights to due process and a jury trial c...
To establish causation, a tort plaintiff must show that it is more probable than not that the harm...
The 2016 Supreme Court decision in Tyson Foods, Inc. v. Bouaphakeo revived the use of “representativ...
The authors of this paper, statistics professors at Bryant University, recently had the opportunity ...
This paper was prepared for the 2012 Clifford Symposium honoring Marc Galanter which was held at DeP...
This paper investigates the boundaries of the recent result that eliciting more than one estimate fr...
Recently, the practice of deciding legal cases on purely statistical evidence has been widely critic...
Generally accepted auditing standards permit auditors to apply both statistical and nonstatistical s...
Few of the suits that are filed continue to trial, but some plaintiffs and defendants find their int...