Supreme Court approves statistical sampling in class action

Last week, in a 6-2 decision, the U.S. Supreme Court approved the district court’s consideration of statistical sampling evidence to certify an overtime class action brought under the Fair Labor Standards Act (FLSA) in Tyson Foods, Inc. v. Bouaphakeo.

Federal courts are increasingly allowing the government to use statistical sampling to prove liability under the False Claims Act. Read the article “Statistical proof in FLSA classes” about the recent Supreme Court decision approving the use of statistical sampling to establish class certification by our colleagues, Barbara Jean D’Aquila and Darryl Wade Anderson.

For background on recent attempts to use statistical sampling in healthcare cases, read our posts: “New trends in statistical sampling” and “Fourth circuit agrees to review appeal of FCA sampling case.” We will continue to cover developments in healthcare cases on this topic in the wake of the Supreme Court ruling.