HomeWebcastEffective Use of Statistical Evidence in Class Action Litigation: A 2019 Update
Online CLE Class Action CLE

Effective Use of Statistical Evidence in Class Action Litigation: A 2019 Update

Live Webcast Date: Monday, May 20, 2019 from 12:00 pm to 1:00 pm (ET)
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Add Reminder to My Calendar 05/20/2019 11:00 am 05/20/2019 1:00 pm America/New_York The Knowledge Group Webinar: Effective Use of Statistical Evidence in Class Action Litigation: A 2019 Update The event starts in an hour. If you have not registered, please go to the link below to sign up today.https://www.theknowledgegroup.org/checkout/?add-to-cart=127945\r\n In the complex landscape of class action litigation, statistical evidence has become crucial in proving liability. As recent trends, developments, and court rulings continue to shape the class action litigation landscape, determining class certification through statistical evidence pose a myriad of issues that companies and their counsel must be cautious about. To avoid pitfalls, it is imperative that they are well-versed in the process as well as the appropriate statistical method to be used in order to effectively win a class action dispute. \n \nJoin a panel of key thought leaders and professionals assembled by The Knowledge Group as they provide the audience with an in-depth discussion of the effective use of statistical evidence in class action litigation. Speakers will also present best litigation practices to help practitioners leverage statistical evidence in this evolving legal climate. \n \nThis LIVE Webcast will discuss the following provisions: \n \n \n Statistical Evidence Framework: An Overview \n Trends and Updates \n Notable Cases and Court Rulings \n Risk Issues and Challenges \n Best Litigation Practices \n \n https://www.theknowledgegroup.org/webcasts/effective-use-of-statistical-evidence-2/
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Online CLE Class Action

In the complex landscape of class action litigation, statistical evidence has become crucial in proving liability. As recent trends, developments, and court rulings continue to shape the class action litigation landscape, determining class certification through statistical evidence pose a myriad of issues that companies and their counsel must be cautious about. To avoid pitfalls, it is imperative that they are well-versed in the process as well as the appropriate statistical method to be used in order to effectively win a class action dispute.

Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they provide the audience with an in-depth discussion of the effective use of statistical evidence in class action litigation. Speakers will also present best litigation practices to help practitioners leverage statistical evidence in this evolving legal climate.

This LIVE Webcast will discuss the following provisions:

  • Statistical Evidence Framework: An Overview
  • Trends and Updates
  • Notable Cases and Court Rulings
  • Risk Issues and Challenges
  • Best Litigation Practices

Who Should Attend

  • Class Action Lawyers
  • Class Action Litigators
  • General Counsel
  • Top Level Management
  • Private Companies
  • Legal Consultants
  • Legal Executives
  • Other interested/related Professionals

Faculty

Online CLE Class Action
Mark A. Gustafson
Vice President
Analysis Group, Inc.
Online CLE Class Action
Francis Citera
Shareholder
Greenberg Traurig, LLP

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Online CLE Class Action

Mark A. Gustafson, Vice President
Analysis Group, Inc.

Francis Citera, Shareholder
Greenberg Traurig, LLP
  • Plaintiffs seeking to certify a class pursuant to FRCP 23(b)(3) must demonstrate that “questions of law or fact common to class members predominate over questions affecting only individual members.”  To establish predominance plaintiffs must show that common class wide proof can resolve one or more liability or damages issues, and that individual inquiries are not qualitatively more significant than common issues.
  • Putative class plaintiffs from time to time have proposed methods to prove class wide liability or damages by proffering sampling evidence.
  • In Tyson Foods, Inc. v. Bouaphakeo,  136 S. Ct. 1036 (2016) the United States Supreme Court held that workers in a food-processing facility could rely on representative sampling and statistical analysis regarding hours worked “to fill an evidentiary gap” created by the defendant’s failure to keep adequate records to establish class wide liability for alleged violations of the Fair Labor Standards Act.
  • Whether and when statistical evidence can be used to establish class wide liability, according to the Court, will depend on the purpose for which the evidence is being introduced and on “the elements of the underlying cause of action.”
  • According to the Court:  “A representative or statistical sample, like all evidence, is a means to establish or defend against liability.  Its permissibility turns not on the form a proceeding takes — be it a class or individual action—but on the degree to which the evidence is reliable in proving or disproving the elements of the relevant cause of action.”
  • The Supreme Court in Bouaphakeo expressly declined to address whether "uninjured class members" can share in the class's recovery where liability is established through averages or whether there must be "'some mechanism to identify the uninjured class members prior to judgment and ensure that uninjured members (1) do not contribute to the size of any damage award and (2) cannot recover such damages.'"
  • After Bouaphakeo, class plaintiffs are increasingly seeking to rely on “representative evidence”, including sampling evidence.
  • This webcast will discuss Bouaphakeo and its aftermath and explore the impact of Bouaphakeo on the use of representative or statistical evidence in class action litigation.

Online CLE Class Action

Online CLE Class Action

Mark A. GustafsonVice PresidentAnalysis Group, Inc.

Mark Gustafson applies his expertise in economics, econometrics, and modeling to complex litigation, business, and public policy issues. He has worked extensively on class action matters in the health care, insurance, and finance industries. This work has frequently involved statistical analyses. For example, he has analyzed health care claims data used by a statistical expert to estimate damages in a payer/provider dispute, and he has critiqued the proposed damages formulas submitted by opposing parties in several class action suits. Mr. Gustafson is coauthor of “Use of Statistical Sampling in Litigation” and “Expert Analysis of Class Certification Issues,” both published in the Litigation Services Handbook: Sixth Edition. Prior to joining Analysis Group, Mr. Gustafson was the Tokyo-based business manager of an international nonprofit, and he taught economics as a course assistant at the Harvard Kennedy School.

Online CLE Class Action

Francis CiteraShareholderGreenberg Traurig, LLP

Francis A. Citera is Co-Chair of Greenberg Traurig’s Products Liability & Mass Torts Practice and Co-Chair of the Chicago Litigation Practice. Mr. Citera has over 30 years of experience defending toxic tort actions and other complex litigation in both federal and state courts. He has tried many cases to verdict, including a complex product liability, wrongful death case. Mr. Citera has written and spoken extensively on class action litigation, product safety issues, and claims for medical monitoring. 

Online CLE Class Action

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   Live Webcast

Prerequisite:
   General knowledge of class action litigation

Course Code:
   148200

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credit:
    1.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Analysis Group is one of the largest international economics consulting firms, with more than 950 professionals across 14 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.

Website: https://www.analysisgroup.com/

Greenberg Traurig, LLP is an international, multi-practice law firm with approximately 2000 attorneys serving clients from 38 offices in the United States, Latin America, Europe, Asia, and the Middle East. The firm has been recognized for its philanthropic giving, was named the largest firm in the U.S. by Law360 in 2017, and is among the Top 20 on the 2018 Am Law Global 100. For additional information, please visit www.gtlaw.com

Website: http://www.gtlaw.com/

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