Defeating Class Certification by Attacking Plaintiffs' Classwide Damages Models

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


Conducted on Thursday, February 11, 2021

Recorded event now available

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Program Materials

This CLE webinar will guide 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 legacy of 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.

Description

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 flowing from the plaintiffs' theory of liability.

Since Comcast, many lower federal courts have applied more scrutiny to proposed classwide damages models, and some district courts have denied certification absent evidence of classwide damages. Examples of this stricter and more rigorous analysis include Riffey v. Rauner, 910 F.3d 314 (7th Cir. 2018), In re Asacol Antitrust Litig., 907 F.3d 42 (1st Cir. 2018), Ang v. Bimbo Bakeries USA Inc. (N.D. Cal. 2018), and Opperman v. Kong Technologies (N.D. Cal. 2017).

Methods to calculate classwide damages include surveys, event studies, regression analysis, and others. The panel will introduce several such approaches and discuss some of their assumptions and limitations that may support 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.

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Outline

  1. Comcast and its early influence on the 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

Benefits

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 the predominance of classwide damages and the assumptions and limitations of such methods?
  • How can defense counsel challenge plaintiffs' damages models to oppose class certification?

Faculty

Logan, Cedric
Cedric D. Logan

Partner
Wheeler Trigg O'Donnell

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

Robertson, Eric
Eric L. Robertson

Partner
Wheeler Trigg O'Donnell

Mr. Robertson's legal practice focuses on complex commercial litigation at both the trial and appellate levels....  |  Read More

Williams, Dawn
Dawn B. Williams

Partner
Faegre Drinker

Ms. Williams defends insurance companies in complex civil litigation and class actions in federal and state courts...  |  Read More

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