SCOTUS Allows Statistical Evidence In A Class Action
March 28, 2016
A recent Supreme Court decision allowed employees to use “representative and statistical evidence” to establish liability in a doffing and donning case. In Tyson Foods, Inc. v Bouaphakeo et al, plaintiff workers at a pork processing plant alleged they weren’t paid overtime for time spent putting on and taking off protective gear, but the amount of time varied among the 3,344 class members. The Court explicitly stated, however, that this decision doesn’t amount to “broad and categorical rules governing the use of representative and statistical evidence in class actions.” In a client alert, attorneys from Barnes & Thornburg look at the decision and what types of matters it is most likely to affect.
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