Toward the end of argument, Justice Kennedy asked the employees’ attorney, Mr. Frederick, for a standard to determine when it is appropriate to rely on representative or statistical evidence. Justice Kennedy seemed unsatisfied with Frederick’s answer, but when the attorney for the United States, Elizabeth Prelogar, addressed the Court in support of the employees, she picked up right where Justice Kennedy and Frederick had left off. Justice Kennedy’s keen interest in the standard for representative evidence suggests that Prelogar’s response could become the focal point of an opinion that avoids meddling with class actions, and continues to allow those with differing injuries to band together to fight corporate wrongdoing.