In a world chock full of actual data, it seems almost ironic that a case could be tried and upheld based on random sample data. That is exactly what happened in the spring of 2016 with Tyson Foods, Inc. v. Bouaphakeo . The Supreme Court rejected Tyson's challenge to a class action suit and held that statistical evidence was admissible to prove liability and damages. While the class action plaintiffs may have been overjoyed with the ruling, this may not be the happy win that the lawyers sought after. The Court's decision gives a clear path for the defendants to challenge a plaintiff when they try to use statistical evidence against them in a class action lawsuit.

The reason this case came to light is because the Tyson employees felt that the