Defeating Class Certification by Attacking Plaintiffs' Classwide Damages Models

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

Conducted on Tuesday, February 20, 2018

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for class action defense counsel on opposing class certification after Comcast by challenging the sufficiency of the damages models plaintiffs’ experts put forth in support of class certification. The panel will examine the Comcast decision and how the lower federal courts have construed and applied it to common damages models. The panel will also discuss strategies for attacking those models based on economic, statistical or methodological flaws.


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, regression analysis and others. The panel will introduce several such methods and discuss some of their assumptions and limitations that may form the basis of any opposition to class certification.

Listen as our authoritative panel explains current trends in the use and court treatment of damages models since Comcast and considerations for challenging flawed models as a strategy to defeat certification.



  1. Comcast and its early influence on evidence of class damages
  2. How courts have recently construed Comcast when considering attacks on proposed class damages models
  3. Assumptions and limitations of different types of damages methods


The panel will review these and other key issues:

  • How has Comcast Corp. v. Behrend influenced damages models in class litigation?
  • What are various damages methods plaintiffs use to demonstrate predominance of classwide damages and the assumptions and limitations of such methods?
  • How can defense counsel challenge plaintiffs’ damage models to oppose class certification?


Creelan, Jeremy
Jeremy M. Creelan

Jenner & Block

Mr. Creelan has broad experience in class action consumer fraud defense and investigations; complex insurance and...  |  Read More

Dolgoff, Aaron
Aaron Dolgoff

Vice President
Charles River Associates

Mr. Dolgoff specializes in securities valuation, damages, corporate finance, and financial markets analysis. He manages...  |  Read More

Logan, Cedric
Cedric D. Logan

Wheeler Trigg O'Donnell

Mr. Logan focuses his practice on complex commercial, class action and insurance litigation. He has particular...  |  Read More

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