What Does Tyson Foods, Inc. v. Bouaphakeo Mean For Class Actions?

The class action plaintiffs' bar celebrated yesterday's Supreme Court's decision in Tyson Foods, Inc. v. Bouaphakeo (pdf), rejecting Tyson's challenge to class certification. One lawyer called it "a huge David v. Goliath victory."

But when plaintiffs' lawyers wake up this morning and focus on the details of the Court's opinion, they are in for a serious post-celebration hangover.

The Court's reasoning for the first time maps a clear route for defendants to use in challenging plaintiffs' use of statistical evidence in class actions. It also provides important guidance for defendants about preserving the ability to challenge plaintiffs' reliance on statistics.

Background

Tyson involved claims under the overtime pay requirements of the Fair Labor Standards Act (FLSA). The named plaintiffs, hourly workers at a Tyson pork processing plant, claimed that the company failed to compensate them or the other 3,344 employees for time spent donning and doffing