Hastings Business Law Journal


This article discusses the problems with the use of statistical sampling in litigation. Sample-based research is increasingly used in a diverse array of cases including products liability, antitrust, intellectual property, and criminal law. Sample-based research provides objective evidence upon which decisions, damages, and liability may rest. Despite its importance, however, statistical evidence is often misused and misunderstood by attorneys unfamiliar with the underlying form of analysis. This article explores common errors when using litigative samples, comments upon best practices for the use in law of sample-based research, and demonstrates the importance of sound statistical sampling and data collection in a recent case.