Don Frederico in Massachusetts Lawyers Weekly on Supreme Court Decision Allowing Statistical Evidence in Class Actions

Friday, April 22, 2016

In a case involving Tyson Foods, The U.S. Supreme Court recently decided that statistical evidence could be used to establish class liability. Current and former workers at a Tyson pork processing plant brought action against Tyson for the unpaid time spent “donning and doffing” the protective gear needed for their work.

Although Tyson did not keep records of the time employees spent donning and doffing, an industrial relations expert conducted a study estimating the time spent, and it was that study the plaintiffs used to establish class liability.

Pierce Atwood litigation partner Donald R. Frederico, who defends consumer and employment class actions, called the ruling “very limited,” since he noted that the Court did not address the critical issue of how to deal with a class that includes uninjured members.

To read more about this recent decision and all of Don Frederico’s comments please view the complete article, “Supreme Court Ruling Sets Stage for Battles on Statistical Evidence,” as it appeared in Massachusetts Lawyers Weekly.



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