Sampling and Reliability in Class Action Litigation

2016 Cardozo Law Review de novo 207 (2016)

13 Pages Posted: 3 Jul 2016 Last revised: 18 Nov 2018

See all articles by Hillel J. Bavli

Hillel J. Bavli

Southern Methodist University - Dedman School of Law

Date Written: June 8, 2016

Abstract

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.

Suggested Citation

Bavli, Hillel, Sampling and Reliability in Class Action Litigation (June 8, 2016). 2016 Cardozo Law Review de novo 207 (2016), Available at SSRN: https://ssrn.com/abstract=2798437

Hillel Bavli (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

HOME PAGE: http://bit.ly/Bavli-Hillel-J

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
98
Abstract Views
798
Rank
496,513
PlumX Metrics