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Article: Tyson Foods, Inc. v. Bouaphakeo

I looked through the U.S. case stubs and considered several that had been briefly discussed in my classes. Ultimately, I settled on Tyson Foods, because it had the shortest description—only the holding—and I read an excerpt last year, in Advanced Civil Procedure.

Because only the holding has been written in the Wikipedia article, there are many potential areas for improvement.

I will start by reading the case opinion. I may find the parties’ briefs to the Court helpful to more thoroughly explicate the facts of the case. On the Wikipedia entry, I can state the facts and posture of the case. I can explain not just the holding but the reasoning of the opinion, and I can add references to the cases undergirding the holding.

And, although the case is only two years old, the case has large implications for the field. A preliminary review on Westlaw revealed that there are already many cases that have cited Tyson Foods, and many law review articles discussing the case. Also, many amicus briefs were submitted to the Court. A major focus seems to be the use and acceptance of representative evidence.

My preliminary reading list is:

•	Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036 (2016)

•	Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011)

•	Hillel J. Bavli & John Kenneth Felter, The Admissibility of Sampling Evidence to Prove Individual Damages in Class Actions, 59 B.C. L. REV. 655 (2018)

•	Andrew J. Trask, Litigation Matters: The Curious Case of Tyson Foods v. Bouaphakeo, 2016 CATO SUP. CT. REV. 279 (2016)