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Expert Analysis

A Plaintiffs Attorney View Of Tyson Foods

Law360, New York ( April 13, 2016, 10:56 AM EDT) -- On March 20, the U.S. Supreme Court held that statistical evidence may be used to demonstrate the certification of a class under Rule 23 of the Federal Rules of Civil Procedure and prove classwide liability. The court also declined the invitation of the defendant to decide whether a class may be maintained if the class includes uninjured class members. Tyson Foods Inc. v. Bouaphakeo, No. 14-1146, 2016 U.S. LEXIS 2134 (U.S. Mar. 22, 2016). The court remanded to the district court the issue of how to screen out of the jury's aggregate damages award payments to class members who did not suffer damages....

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