Trial by Formula & Class Action Lawsuits
Short video featuring Anastasia Boden discussing Tyson Foods, Inc. v. Bouaphakeo
Short video featuring Anastasia Boden discussing Tyson Foods, Inc. v. Bouaphakeo
Attorney Anastasia Boden of the Pacific Legal Foundation previews the upcoming Supreme Court case Tyson Foods, Inc. v. Bouaphakeo. In the case, workers sued Tyson Food for not paying them for time spent taking on and off their work equipment. Since no time records for such activity were kept, the lower court allowed damages to be determined based on an average time for class members and then applied it to the entire remaining class. Ms. Boden explains the concept of “Trial by Formula” and its implications in this case. The Pacific Legal Foundation filed an amicus brief co-authored by Ms. Boden in support of the petitioner Tyson Foods.
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Constitutional Scholarship Director and Senior Legal Analyst, Pacific Legal Foundation
Anastasia Boden is Director of Constitutional Scholarship at Pacific Legal Foundation, where she leads the organization’s Supreme Court commentary and directs scholarly analysis in support of the firm’s litigation. She has represented entrepreneurs and small businesses nationwide in challenges to onerous licensing regimes, anti-competitive titling restrictions, Certificate of Need (“competitor’s veto”) laws, and other forms of unnecessary red tape that block economic opportunity.
Prior to this role, Anastasia developed nearly a dozen constitutional challenges to Certificate of Need laws across the country, helping spur legislative reform in Montana, Pennsylvania, and West Virginia. Her victories include a ruling invalidating Houston’s busking restrictions, multiple appellate decisions expanding access to the courts for civil rights plaintiffs, and the legislative repeal of Virginia’s happy-hour advertising ban.
Her writings on law and liberty have been featured in USA Today, The Washington Post, The Wall Street Journal, the Los Angeles Times, the Chicago Tribune, Forbes, and more, and she has appeared on Headline News, CBS News, Fox News, ReasonTV, Newsmax, and John Stossel. In 2020, she was featured on Libertarian Party presidential candidate Jo Jorgensen’s Supreme Court shortlist.
Anastasia earned her BA with dean’s honors from the University of California, Santa Barbara, and her JD from Georgetown University Law Center, where she was research assistant to Professor Randy E. Barnett—the “intellectual godfather” of the constitutional challenge to Obamacare. She is the co-creator of the podcast Dissed, about infamous Supreme Court dissents. She authors the biweekly newsletter SCOTUS Scoop and the column, “In Dissent” for SCOTUSblog.