Class Actions And Mass Torts: To Sample, Or Not To Sample, That Is The Question

In mass torts and class actions, the question of whether to produce and analyze an entire population of data or a smaller sample is often a topic of discussion. The question can come up as early as the class certification phase of the dispute when issues of commonality, typicality, adequacy, and numericity are considered, or as late as the damages phase when each side is attempting to quantify classwide damages.

The following discussion highlights some of the motives for analyzing a statistical sample of data rather than the entire population of data, specifically in the context of a class action or mass tort dispute. This article then highlights various approaches that can be used to minimize the sample size necessary to arrive at a statistically significant result.