August 31, 2017 Articles

Statistics in Class Actions: Is the Computer Algorithm Era upon Us? (Part I)

Has the legal system reached a state where class-wide damages can be determined simply by statistical analysis rather than documentary evidence? A discussion of key cases and trends on the use of statistics in class actions.

By Paul G. Karlsgodt, Patrick T. Lewis, and Bonnie McNee – August 31, 2017

Imagine a legal system in which justice for thousands, or even millions, of litigants can be handed out with the push of a button. A system where a computer algorithm short circuits the need for plaintiffs to pursue claims in individual lawsuits. A system where both a defendant’s liability and the damages of an entire class of plaintiffs are determined statistically, rather than the old-fashioned way with human witnesses and documentary evidence. This system is the ultimate dream for plaintiffs’ class action lawyers and the worst nightmare for businesses, but is it a pipe dream or a near reality?

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