Statistical sampling and extrapolation are routinely accepted as evidence to estimate damages, and established methodologies to design and implement valid sampling studies are well-known.  Yet the role and propriety of a given analysis in litigation continues to be hotly contested. The…

Courts have generally accepted statistical sampling and extrapolation as evidence to estimate damages.[i] However, the use of sampling for purposes of establishing liability in False Claims Act (“FCA”) litigation is an issue of conflict between those prosecuting FCA claims and those…