Background
Chi-squared tests can be a powerful tool for lawyers dealing with economic damages in litigation cases. A Chi-Squared Test is a statistical test to determine if there are differences between two populations (i.e., sets of data). Chi-Squared tests are used to test based on categorical data (e.g., gender, race). Other tests are used for numerical data (e.g., age, height). The chi-squared test is a rigorous analytical tool that can allow lawyers and expert witnesses to support their arguments with empirical analysis. The rest of this article will provide examples of how a Chi-Squared test can be used in a litigation context.
Practical Applications – Employment Disputes
In employment law cases, especially class action suits, the case can depend on intricate datasets requiring detailed and nuanced interpretations. Lawyers need a means to present such data in a clear, concise manner that can be easily understood by the triers of fact.
For example, a Chi-Squared test can be used in a case alleging discrimination in a company’s hiring practices based on gender. With the benefit of discovery, you have data on the number of male and female applicants who applied for a job at the company and whether they were hired or not. A Chi-Squared test could tell you whether the genders of those hired was statistically different from those who applied.
Similar Chi-Squared tests could be used to demonstrate the same for racial or religious discrimination, we well as wage discrimination, promotion and termination.
Practical Applications – Product Liability
A Chi-Squared test can be used to assist in establishing liability in a product liability case. Our client assembled their product using off-the-shelf components purchased from suppliers. We had data regarding their sales of different products using different parts, and compared those using a Chi-Squared test against their products being returned, repaired or replaced. Once summarized and tested, the chis squared test concluded that the defective products included parts for a specific supplier more frequently than would have been expected.
Practical Applications – Discrimination in Jury Selection
During jury selection, lawyers can exclude potential jurors from being empaneled. There are rules governing this process (which are beyond the scope of the current article); however, potential jurors may not be excluded based solely on their race. Part of the process to support a Batson Challenge (named on the US Supreme Court case that created the rule) or after trial as part of appeal, can include a Chi-Squared test to show that the potential jurors being excluded were being excluded based on race.
What should I do?
Hire an expert witness (like us). As an expert, we will save you time and money because:
- We have performed hundreds of statistical tests to support our conclusions, including Chi-Squared.
- We are intimately familiar with the data sources used in these analyses and combine this information with informed financial analysis.
- We have experience defending these calculations in deposition and at trial. We can provide expert witnesses testimony in a simple, efficient manner so that triers of fact can understand otherwise complicated subjects.