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Full-Text Articles in Law
Tyson Foods, Inc. V. Bouaphakeo: The Use Of Statistical Evidence In Class Actions, Wenbo Zhang
Tyson Foods, Inc. V. Bouaphakeo: The Use Of Statistical Evidence In Class Actions, Wenbo Zhang
Duke Journal of Constitutional Law & Public Policy Sidebar
Statistical analysis potentially plays an important role in class-action litigation, but the use of such evidence is limited at the class-certification stage of such suits. This Commentary previews an upcoming Supreme Court case that deals with the question of whether inferential evidence may be used to certify a class in a class-action lawsuit. Because this case deals with a violation of a duty, imposed by statute, on the defendant, this Commentary argues that under existing precedent, inferential statistical evidence is appropriate for determining the question of class-certification.
Lead Plaintiffs And Lead Counsel In Deal Litigation, David H. Webber
Lead Plaintiffs And Lead Counsel In Deal Litigation, David H. Webber
Faculty Scholarship
The shareholder lawsuit is the primary vehicle for enforcing corporate law. While closely related fields like securities regulation rely on private shareholder lawsuits to supplement the enforcement work of public regulators like the Securities Exchange Commission, corporate law enforcement depends largely on private rights of action brought by aggrieved investors and their lawyers. The purpose of these lawsuits is straightforward: to induce corporate fiduciaries like boards and managers to abide by the duties of loyalty and care in overseeing the corporation. There are many situations that implicate these fiduciary duties, but none that are as fraught with conflict and temptation …