U S Supreme Court rules on the use of statistical methods in litigation

The recent Supreme Court decision cites brief by professor Tilman Klumpp and other economists

Economics staff - 23 March 2016

In a decision on March 22, the U.S. Supreme Court issued its ruling in Tyson Foods, Inc. v. Peg Bouaphakeo, et al., a case concerning the use of statistical analysis in class action lawsuits. University of Alberta economics professor Tilman Klumpp and several other economists had previously filed an amici curiae brief in the matter, in which they warned that limiting the use of statistics in class certification and other phases of complex litigation would deprive American courts of valuable information in a wide range of cases. In yesterday's 6-2 ruling in favour of Respondents, the Court agreed. Citing the economists' brief, Justice Anthony Kennedy stated that "evidence of this type is used in various substantive realms of the law" and that "the Court would reach too far were it to establish general rules governing the use of statistical evidence, or so-called representative evidence, in all class-action cases."