Unreliable Survey Dooms IBM Workers’ Bid for Class Certification

Last week, in Sirko v. IBM, a federal district court in California rejected the plaintiffs’ efforts to use a rudimentary survey to establish Rule 23 class certification because the survey — designed and administered by plaintiffs’ counsel — “lack[ed] basic indicators of reliability.”  The case is yet another example of the trend by class action plaintiffs to use surveys and statistical evidence to avoid issues of individual proof and establish common liability at the certification stage.

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