The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Friday, December 01, 2006

Importance of statistical sampling in legal cases

While courts are becoming more and more accepting of the random sampling techniques in many types of cases, there is still the concern the use of random sampling violates a defendant's right to due process. For instance, in the Republic Servs. vs. Liberty Mut. Ins. Co. case discussed a few days ago in our blog, the court took note of the defendant's argument, but ruled that statistical sampling was useful and allowed it.

Other judges in other cases have ruled, from the bench, that the law simply does not provide for sampling regardless of its accuracy or cost savings.

A post on a listserv, shows a funny exchange between a MD and attorney concerning the use of sampling:

Q. Dr., would you agree that it is always better to make a complete study rather than take a sample?

A. Well, if you ever come to me for a physical, I will be sure to take all of your blood rather than just a sample.

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