Getting Certified: Asserting and Navigating New Scrutiny of Expert Methodologies for Classwide Damages Models
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will instruct class action attorneys on the state of the law and the latest developments in challenges to the sufficiency of the damages models that plaintiffs offer to support class certification, including attacks on those models based on asserted economic, statistical, or methodological flaws. The panel will discuss how these types of challenges affect predominance, commonality, and other class certification issues.
Outline
- Comcast and its influence on the evidence of class damages
- Recent decisions affecting the type of evidence needed at certification
- How courts have recently construed Comcast and its progeny when considering attacks on proposed class damages models
- Assumptions and limitations of different types of damages methods
Benefits
The panel will review these and other key issues:
- What has been the continued legacy of Comcast Corp. v. Behrend with respect to damages models in class litigation?
- How have recent cases on standing affected how courts analyze plaintiffs' damages models?
- What are various damages methods plaintiffs use to demonstrate the predominance of classwide damages and the assumptions and limitations of such methods?
- What does it mean for damages models to be consistent with theories of liability?
Faculty
Robert Neary
Of Counsel
Kozyak Tropin & Throckmorton
Mr. Neary's practice includes various areas of complex commercial litigation as well as class actions and... | Read More
Mr. Neary's practice includes various areas of complex commercial litigation as well as class actions and multi-district litigation, representing plaintiffs in fraud and deceptive trade practices, tort, and product liability claims. He has litigated actions in both Federal and State courts and has also litigated matters before the Financial Industry Regulatory Authority (FINRA).
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Andrew J. (Andy) Tuck
Partner
Alston & Bird
Mr. Tuck is a patent-barred commercial litigator focusing on international arbitration and federal litigation,... | Read More
Mr. Tuck is a patent-barred commercial litigator focusing on international arbitration and federal litigation, primarily in the areas of insurance and antitrust. His deep knowledge of actuarial analysis allows him to assist insurers with their most difficult issues in and out of litigation, and his electrical engineering background allows him to represent clients entangled in litigation involving cutting-edge technology, primarily in the telecommunications industry. Mr. Tuck also has extensive experience handling high-value appeals in state and federal courts. He is recognized by The Best Lawyers in America© for Commercial Litigation.
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