This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses Lubin v. The Wackenhut Corp., in which California's Second District Court of Appeal affirmed statistical sampling as a viable method for wage and hour plaintiffs to use as a basis for class action certification. This decision limited the US Supreme Court's decision in Wal-Mart Stores v. Dukes, which had reversed a lower court's grant of class certification due to a misplaced reliance on statistical sampling. In Lubin, the Second District noted that statistical sampling can be sufficiently probative in certain matters and its admissibility depends "on the degree to which the evidence is reliable in proving or disproving the elements of the relevant cause of action."