Analyzing direct evidence: When an avalanche is actually a snow flurry
Quantifying how far events strayed from what was expected and/or acceptable by calculating the standard deviation of actual event outcomes gives you hard evidence of how big or small the snowfall really was.
March 21, 2014 at 04:00 AM
10 minute read
The original version of this story was published on Law.com
Attorneys are often faced with the task of mining email and other documentary evidence in an attempt to gather sufficient examples that demonstrate something was seriously amiss in their opponents' business. But when does one have enough statistically valid data to discover whether the information shows an avalanche or just a snow flurry?
For example, an attorney may want to demonstrate that the number of customer complaints, product failures or overcharges had become an “avalanche,” thereby warranting class status and perhaps special damages.
Proving an “avalanche” through indirect evidence can be challenging because common language is so often imprecise and relative. One might imagine that an email from a manufacturing company's CEO to a VP lamenting that “product failures have become an avalanche” would be sufficient evidence for a strong case.
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