iThe U.S. Supreme Court’s recent ruling in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), which rejected for the second time in two years a regression model submitted in support of class certification, sends a clear message that the “virtual rubber stamping” of regression models at the certification stage will no longer be tolerated. This article traces the evolution of the use of regression analysis in class certification cases and provides practical guidance for litigators offering or attacking regression analyses. It appeared in the June 24, 2013 issue of Bloomberg BNA Expert Evidence Report.
U.S. Supreme Court Again Strikes Down a Regression Model Offered for Class Certification: Is More Rigorous Scrutiny on the Way?
Thursday, July 25, 2013
