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Damages › Statistical Sampling

Orrick - Finance 20/20

S.D.N.Y. Denies Motion for Sampling in Trustee Action

Orrick - Finance 20/20 on

On May 17, 2018, Judge Jesse M. Furman of the United States District Court for the Southern District of New York denied the BlackRock Plaintiffs’ request to use sampling to prove their case against an RMBS trustee in...more

Sheppard Mullin Richter & Hampton LLP

Healthcare Industry Beware: The Use of Statistical Sampling to Establish Damages and Liability Under the False Claims Act Remains...

Sheppard Mullin Richter & Hampton LLP on

The False Claims Act contains numerous requirements that are designed to prevent meritless cases from proceeding to discovery and trial. Among these provisions is the rule that, to establish liability, the government or a...more

Arnall Golden Gregory LLP

AGG Litigation Insights Newsletter - Spring 2016

Arnall Golden Gregory LLP on

Potential plaintiffs and freshly sued defendants often discount the importance of damages analysis when it comes to litigation planning and execution. After all, disputes over liability receive far more attention during...more

Sheppard Mullin Richter & Hampton LLP

Statistical Modeling in Class Actions: The U.S. Supreme Court Weighs in, Kind of

Sheppard Mullin Richter & Hampton LLP on

A U.S. Supreme Court decision expected to potentially change (or at least clarify) the rules on the hot-button issue of statistical modeling in class actions ended up turning much more on case law specific to the Fair Labor...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Spring 2016

Skadden, Arps, Slate, Meagher & Flom LLP on

This is the 11th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Morrison & Foerster LLP

Statistical Sampling Debate: A Growing Web Of FCA Cases

Morrison & Foerster LLP on

The government and qui tam plaintiffs are increasingly employing statistical sampling in False Claims Act cases, particularly in cases where addressing and analyzing large numbers of allegedly false claims poses substantial...more

King & Spalding

Fourth Circuit Grants Review of Use of Statistical Sampling in False Claims Act Case to Prove Liability and Damages

King & Spalding on

On September 29, 2015, the United States Court of Appeals for the Fourth Circuit agreed to hear on interlocutory appeal the controversial issue of reliance on statistical sampling in a whistle-blower action to prove liability...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

Skadden, Arps, Slate, Meagher & Flom LLP on

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Mintz - Health Care Viewpoints

Government’s Objections to Non-Intervened FCA Settlement Are Unreasonable – Now What?

Mintz - Health Care Viewpoints on

Recently, South Carolina U.S. District Judge Joseph Anderson, Jr. issued an opinion in which he struggled with how to handle a non-intervened qui tam brought under the Federal False Claims Act (FCA). In his opinion, Judge...more

Proskauer Rose LLP

The End of “Average Joe,” Class Plaintiff? The Supreme Court Will Review the Use of Composites in Class Actions

Proskauer Rose LLP on

You run a business. You sell actual products. You employ hundreds, or even thousands, of warm-blooded employees, all with names, families, and histories. You battle real competitors daily. Your customers, thank goodness, are...more

Seyfarth Shaw LLP

Supreme Court to Weigh in on Trial By Formula

Seyfarth Shaw LLP on

Today, the U.S. Supreme Court agreed to hear an appeal challenging an almost $6 million judgment awarded in a class action case against Tyson Foods, Inc. See Bouaphakeo, et al. v. Tyson Foods, Inc., No, 12-3753 (8th Cir....more

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