Classwide Damage Models in Misleading and False Advertising Consumer Class Actions

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, November 30, 2017

Recorded event now available

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Program Materials

This CLE webinar will discuss the types of classwide damage models that plaintiffs use to obtain certification and how to advance or oppose each of these types of damages. The program will discuss the use of expert witnesses to testify about the plaintiffs’ damage calculations and defense experts to attack the damage models.


In the seminal Comcast Corp. v. Behrend decision, the U.S. Supreme Court held that the damages model that plaintiffs rely on to demonstrate predominance must measure only those damages connected to the plaintiffs’ theory of liability.

Since Comcast, the lower federal courts have applied a greater degree of scrutiny to proposed classwide damages models, and some district courts have denied certification in the absence of evidence of classwide damages. Methods to calculate classwide damages include surveys, event studies, full refund and price premiums, regression analysis and others.

Challenges to these damages models increasingly arise at the certification stage of the litigation as opposed to summary judgment or trial. Counsel for both plaintiffs and defendants need to understand these damage models and how to use expert witnesses to testify about the plaintiff's damage calculations and how to attack the plaintiff’s damage models.

Listen as our panel of plaintiff and defendant class action litigators reviews the Comcast Corp. v. Behrend decision and the requirement that plaintiffs demonstrate predominance only as to those damages connected to the plaintiffs’ theory of liability. The panel will analyze the different classwide damage models and how to effectively use expert witnesses to prove or attack the plaintiffs’ damages.



  1. Overview of damage post Comcast Corp. v. Behrend
  2. Types of damage models and use of expert witnesses
    1. Full refund model
    2. Price premium model
    3. Benefit of the bargain
    4. Regression model
    5. Survey damages
    6. Statutory damages
    7. Injunctive relief
  3. Use of damages experts and Daubert challenges in class certification proceedings
  4. Recent case law and analysis


The panel will review these and other key issues:

  • Comcast Corp. v. Behrend and the requirement that plaintiffs’ damages be connected to the plaintiffs’ theory of liability
  • Analysis of the various classwide damage models and use of expert witnesses to prove or attack the plaintiffs’ damages
  • Recent case law developments construing Comcast in reviewing proposed class damage models


Bonsignore, Robert
Robert J. Bonsignore

Trial Lawyer

Mr. Bonsignore limits his practice to complex litigation, class actions, and cases involving significant economic loss...  |  Read More

David, Jesse
Dr. Jesse David

Edgeworth Economics

Dr. David is an expert on the valuation of intangible assets, market definition, and the assessment of economic impacts...  |  Read More

Phillips, Robert
Robert D. Phillips, Jr.

Alston & Bird

Mr. Phillips is a business litigator with nearly 40 years of experience assisting numerous companies in high-stakes...  |  Read More

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