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March 22, 2016

Stroock Special Bulletin

By: Julia B. Strickland, Brian C. Frontino, Stephen J. Newman

On March 22, 2016, the Supreme Court issued its long-awaited ruling in Tyson Foods, Inc. v. Bouaphakeo, Case No. 14-1146, which had been expected to decide whether and how statistical evidence could be used during class certification proceedings, and whether uninjured persons could be included within a class.  Perhaps reflecting the difficulties in resolving these questions, the Court declined to announce any rules of general application, and the result, although unfavorable to the defense, appears limited to the special context of wage-and-hour cases.