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Evidence
2/26/2008 12:28:03 PM EST
James M. Wilson, Jr.
Wilson on the Rise of The Use of Regression Analysis in Class Action Litigation
Partner, Chitwood Harley Harnes LLP, Atlanta, GA

Since the Supreme Court’s decision in Daubert v. Merrell Dow Pharmaceuticals, multiple regression analysis is being used increasingly to present economic proof in civil lawsuits. In describing the use of regression analysis in class action trials, James M. Wilson, Jr. writes:

 

     Over the years, regression analysis has become an accepted methodology under Daubert and Rule 702. See e.g., In re Scrap Metal Antitrust Litig., 2006 U.S. Dist. LEXIS 75873 (N.D. Ohio Sept. 30 2006) (regression used to examine changes in spreads between the purchase and resale price of scrap metal during and after an alleged antirust conspiracy). In re Polypropylene Carpet Antitrust Litig., 93 F. Supp. 2d 1348, 1360 (N.D. Ga. 2000) (court rejected a Daubert challenge to a statistical analysis of impact based on changes in the ratios (i.e., spreads) between selling prices and material costs as between the alleged conspiracy and base periods)....

 

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