Litigation
Nov. 21, 2014
Statistical sampling on the rise in False Claims Act cases
While it's been widely used in complex civil litigation, statistical sampling has been rarely used in federal False Claims Act litigation. That trend may be shifting, raising new concerns. By Matthew D. Benedetto
Since the 1920s, when the Elgin Watch Co. and Elgin Clock Co. pioneered the use of statistical sampling in a trademark dispute, attorneys have sought to introduce small samples into evidence to make the case for a much larger amount of proof. Statistical analysis has since become a recognized method of proof in certain types of litigation, including antitrust, employment discrimination and mass tort.
While it's been widely u...
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