Brief of Amicus Curiae Complex Litigation Law Professors in Support of Respondents: Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146

Abstract

This brief addresses the first question presented in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, which concerns the use of statistical techniques in class actions. The brief informs the Supreme Court of the appropriate uses of statistics and other inferential proof in class actions. It also shows that statistical techniques can be used by courts while allowing a defendant to assert individual defenses. Courts can do so by utilizing bifurcation or similar trial practices.

Keywords: class action, statistics, trial by formula, bifurcation, predominance

JEL Classification: K41