Probability Sampling in Litigation

Joseph B. Kadane

Volume 18

Issue 1

PUBLISHED

Fall 2011

Abstract

Random sampling is a widely used and well-established technique for reducing the cost of providing interpretable data. This paper discusses examples in several different kinds of litigation in which random sampling has been useful and concludes with speculation about the possible use of random sampling in mass tort litigation. This paper aims to contribute to the discussion of using statistical methods to handle mass tort cases efficiently; after reviewing the basics of sampling, it summarizes cases involving sampling in which the author participated and concludes with thoughts on how mass tort litigation might be approached statistically.