Traditionally, courts have been reluctant to consider the use of statistical tools such as sampling to determine damages in class action litigation and other cases involving large groups of plaintiffs.
Statistical Determination of Mass Tort Damages: Coming Soon to a Court Near You?
Traditionally, courts have been reluctant to consider the use of statistical tools such as sampling to determine damages in class action litigation and other cases involving large groups of plaintiffs. Arguments against the practice include the fact that it seemingly flies in the face of the Seventh Amendment, and that damages, by their very nature, are peculiar and specific to each individual plaintiff.
By
Jerome M. Staller, Ph.d. And Lawrence M. SantucciThis premium content is locked for LawJournalNewsletters subscribers only
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