This past Supreme Court Term included several closely-watched cases. One of the most studied was Tyson Foods v. Bouaphakeo, in which the Court identified at least one area of class action litigation where using statistical evidence instead of plaintiff-specific evidence might be allowed when determining class certification.
Since the Court issued its opinion, defendants have–as one would expect–worked hard to limit the Court’s holding to its specific facts. (Not necessarily a difficult task, since the Court itself tied its result closely to the statute underlying the Tyson Foods plaintiffs’ claims.) And, of course, plaintiffs and plaintiff-specific scholars have worked … Continue Reading