by Jerome M. Staller, Ph.D  and Lawrence M. Santucci, M.A. Traditionally, courts have been reluctant to consider the use of statistical tools such as sampling to determine damages in class-action litigation and other matters involving large groups of plaintiffs. Arguments against the practice include the fact that it seemingly flies in the face of the Seventh

by Jerome M. Staller, Ph.D. “There are very few things which we know which are not capable of being reduced to a Mathematical Reasoning, and when they cannot, it’s a sign our Knowledge of them is very small and confused….” —John Arbuthnot, “Of the Laws of Chance,” 1692 Much testimony in personal-injury matters is, by

By Jerome M. Staller, Ph.D. and Lawrence M. Santucci, M.A. A recent case in New Jersey might have provided an answer to a significant question on employers’ liability under workers’ compensation statutes and, by association, manufacturers’ liability under defective-design theories. The issue: How does a plaintiff prove “substantial certainty” of injury in order to proceed