The Appellate Strategist

The Appellate Strategist

Insights on appellate issues, trial consultations, and evaluating appeals

Tag Archives: class action

When Numbers Lie: The Limits of Statistical Methodology in California Class Action Management

Posted in California
Courts that oversee class actions can use class sampling and other statistical methods to manage litigation involving large numbers of plaintiffs and the vast amount of data associated with them. In California, however, those methods must be reliable, and cannot strip defendants of the right to litigate affirmative defenses. The California Supreme Court recently announced its… Continue Reading

U.S. Supreme Court Rejects Statistical Significance as Requirement to Plead Materiality

Posted in Drug & Device
Matrixx Initiatives, Inc. v. Siracusano (.pdf) was a securities fraud class action where claimants alleged that Matrixx failed to disclose reports of a potential link between its cold medicine, Zicam, and loss of smell. The district court dismissed the claim because the reports lacked statistical significance and, therefore, could not have formed a “material” omission under… Continue Reading