Defeating Class Certification by Attacking Plaintiffs' Classwide Damages Models
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will instruct class action attorneys on how to oppose class certification by challenging the sufficiency of the damages models that plaintiffs offer to support class certification. The panel will examine the continuing legacy of the cornerstone Comcast decision and how 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.
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?
- How can defense counsel challenge plaintiffs' damages models to oppose class certification?
Faculty
Theresa Wardon Benz
Partner
Ms. Benz represents clients such as Ford, Michelin, and Whirlpool in nationwide high-stakes appeals, litigation, and... | Read More
Ms. Benz represents clients such as Ford, Michelin, and Whirlpool in nationwide high-stakes appeals, litigation, and trials. She is an accomplished appellate practitioner with experience in multiple states and the U.S. Supreme Court, having authored multiple Supreme Court amicus briefs. Prior to joining WTO, Ms. Benz served as an appellate clerk to The Hon. Neil M. Gorsuch, then of the U.S. Tenth Circuit Court of Appeals. In 2017, the American Bar Association named Theresa one of the top 40 young lawyers in America in its annual "On the Rise" list.
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Chuan (Cici) Cheng
Partner
Wheeler Trigg O'Donnell
Ms. Cheng helps clients navigate the intricacies of complex commercial disputes. She handles cases involving breach of... | Read More
Ms. Cheng helps clients navigate the intricacies of complex commercial disputes. She handles cases involving breach of contract, trade secrets, antitrust and unfair competition, and shareholder derivative and securities class actions. In 2018, the American Bar Association named Ms. Cheng to its Top 40 Young Lawyers On the Rise, which recognizes just 40 young lawyers nationwide who exemplify high achievement, innovation, vision, leadership, and legal and community service.
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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
Ms. Williams defends insurance companies in complex civil litigation and class actions in federal and state courts across the country. Combining a thorough knowledge of class action procedure with an understanding of current regulatory developments, she counsels her clients on myriad issues pertaining to their life insurance and annuity products, including the adequacy of disclosures in illustrations and marketing materials, cost of insurance concerns, and claims arising as a result of stranger-originated life insurance and annuity transactions. Ms. Williams has broad experience in a variety of substantive areas, including RICO, regulatory and state statutory violations, such as unfair competition and deceptive trade practices claims, and various common law claims.
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