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Expert Analysis

Post-Tyson, Defendants Should Play Offense In Discovery

Law360, New York (June 23, 2016, 11:21 AM EDT) -- Following the U.S. Supreme Court's ruling in Tyson Foods and in light of the greater emphasis on proportionality in the amended Federal Rules of Civil Procedure, defendants can expect to see an increase in the use of sampling in class action discovery as plaintiffs attempt to use statistical evidence to establish both liability and damages. But defendants need not take such discovery lying down. Rather, defendants should consider taking the offensive and using plaintiffs' own sampling to defeat class allegations....

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