| From basic discovery with Plaintiff Fact Sheets to | | | | efficiency of data analysis, decrease the |
| post-settlement Proof of Claim Forms, data | | | | associated costs of analysis, increase the |
| analysis provides fact based evidential support, | | | | accuracy of the analysis, thus increasing the |
| ensures complete information for each plaintiff, | | | | speed of linear fact based evidential support, the |
| enables the integration of interactive forecast | | | | identification of sub-classes, exploring |
| models, allows for the identification of sub-classes, | | | | multi-dimensional observations, and the integration |
| provides multi-dimensional observations of data, | | | | of interactive forecast models. |
| supports quality control, and is the backbone of | | | | Linear Facts |
| quality assurance. Any given class action, | | | | On a base level, the information collected during |
| multi-district litigation, or mass tort can collect | | | | the early stages of a class action can be used in a |
| anywhere from hundreds to millions of Plaintiff | | | | straight forward manner such as the quantity of |
| Fact Sheets (PFS) (aka Plaintiff Profile Forms | | | | claims with "X" symptom or percent of claims |
| (PPF), Client Information Sheets (CIS), and/or | | | | with "X" symptom. This base level of information |
| Proof of Claim Forms (POC)) containing from the | | | | is referred to as linear fact based evidential |
| most basic information to some of the most | | | | support and is useful in directing the focus, tempo, |
| detailed and personal aspects of a plaintiff's life. | | | | and further analysis for the case. The usefulness |
| With Fact Sheets reaching into the tens of pages | | | | of linear facts is largely dependent upon the |
| per plaintiff and potentially hundreds of pages | | | | complexity of the case and the inclusion of other |
| more in attachments per plaintiff, it can be easy | | | | limiting factors surrounding the case. As cases |
| to become overwhelmed by the informational | | | | become more complex, diverse, or |
| overload, though this information can make or | | | | multi-dimensional, a more advanced approach to |
| break your case! | | | | data analysis is required. |
| The role of data analysis in class action lawsuits | | | | Identification of Sub-Classes |
| has surfaced to reveal the true potential of | | | | The identification of sub-classes is often used |
| information collected to benefit both the defense | | | | when plaintiff health or location are factors in the |
| and plaintiff sides of any class. Since both sides | | | | case. For instance, a sub-class can be identified |
| are out to prove a point, the use of intense data | | | | based on the quantity or severity of health issues |
| analysis in association with customized data | | | | related to a case and affects the final settlement |
| management solutions allow both basic and | | | | amounts paid by each subclass as in the following |
| complex trends to be found out and graphically | | | | example. Manufacturer "A" was found to have |
| represented to the court. It is one thing to say | | | | less related health issues and less severe health |
| there are "X" amount of each symptom type, it | | | | issues for its "Defective Product" than |
| is another thing entirely too visually display the | | | | manufacturer "B", thus the monetary |
| symptoms by subclass, location, or severity for | | | | compensation for settlement from manufacturer |
| the court to see a clear image of the size or | | | | "A" might include a smaller value placed on health |
| magnitude of the situation at hand. | | | | compensation though retain a similar value for |
| The benefits to class attorneys who utilized data | | | | replacement costs as that of manufacturer "B". |
| analysis services range by type of class action, | | | | An example of a location based subclass might |
| but common benefits can be seen throughout all | | | | relate to the deterioration or safety of a product |
| case types. Such benefits include the basics of | | | | based on the region the product was used or |
| tracking plaintiffs, plaintiff complaints, documents | | | | installed whereas climate and weather conditions |
| related to each plaintiff, and the general quantities, | | | | could intensify or slow down the product's failure |
| averages, and general locations of the plaintiffs; | | | | rate. |
| however, more advanced benefits can be realized | | | | Multi-Dimensional Observations |
| by utilizing a professional data analyst. Such | | | | Multi-dimensional observations can be used to |
| advanced benefits could include multi-dimensional | | | | intensify scrutiny of a sub-class to either relieve |
| observations; interactive forecast models based | | | | the subclass from liability or to increase the |
| on specific location or type; data preparation and | | | | perceived liability of the group. Expanding upon the |
| incorporation into court presentations; and | | | | example above, let's say that Manufacturer "A" |
| graphical representations of plaintiff groups by | | | | with failed products in locations "1", "2", and "3" |
| type, location, attorney, and so on as the | | | | had less severe health issues than in location "4" |
| captured information allows. | | | | indicating that location may have played a |
| Comprehensive Information | | | | significant role in the severity of health issues, |
| The first and most important concept in data | | | | thus excluding or limiting the impact of said health |
| analysis is the necessity of comprehensive | | | | conditions in the suit and implying an externality |
| information. When information is lacking, a | | | | exists in location "4" to cause the more severe |
| thorough analysis is not possible or certainly far | | | | health issues. To uncover the most beneficial |
| more difficult, time consuming, and less accurate, | | | | multi-dimensional observations, such as those |
| which is why your class action data management | | | | above, you will require the services of a |
| system should contain a strong integrated | | | | professional data analyst with the experience and |
| deficiency curing process. The deficiency curing | | | | technical capabilities to make a logical hypothesis |
| process (when properly implemented) will allow | | | | which can be tested and proven with the data |
| your agents to quickly eliminate holes in plaintiff | | | | collected. |
| information enabling analysis to ensue. | | | | Interactive Forecast Models |
| Data Quality | | | | In complex cases, an interactive forecast model is |
| The quality of the data needs to be addressed | | | | a powerful tool utilized by the settlement decision |
| both before the Plaintiff Fact Sheet (or other | | | | makers to allow them to project the exposure, |
| form) is created and throughout the data | | | | severity, and effect of the proposed conditions of |
| collection process. Without high quality data | | | | a settlement. These models, when designed |
| (standardized data formats), the more complex | | | | properly, can allow scenarios to quickly be |
| and often more beneficial analysis cannot occur. | | | | explored, allowing for hyper-productive |
| Non-standardized datasets complicate and often | | | | management meetings where scenarios are |
| negate many of the benefits sought through class | | | | tested within the active settlement terms |
| actions, mass torts, and multi-district litigations | | | | discussions. |
| forcing plaintiff information to be reviewed | | | | Conclusion |
| individually instead of on the whole. | | | | The role of data analysis in Class actions, |
| Data quality can be quickly reviewed from an | | | | Mass-Torts, and Multi-District Litigations is |
| analytical standpoint using advanced and often | | | | extremely important, but the success of the |
| custom data analysis techniques. These techniques | | | | analysis is dependent upon two key elements, the |
| can vary greatly depending upon the type of | | | | quality of the data and the ability of your analyst. |
| information being collected, the quantity of files | | | | Remember, the better the analysis and the more |
| being reviewed, and the extent of the data | | | | advanced the analysis the more there is an |
| management system's built in quality control | | | | opportunity to present compelling case altering |
| features. Strong techniques will increase the | | | | facts. |