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Defeating Class Certification by Attacking Plaintiffs' Classwide Damages Models

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, June 2, 2022

Recorded event now available

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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.


Proof of damages has never been more important to class action litigation. For nearly ten years, it has been black letter law that the damages model that plaintiffs rely on to demonstrate predominance must measure only those damages flowing from the plaintiffs' theory of liability.

Since the seminal case of Comcast Corp. v. Behrend, federal courts have increased scrutiny of proposed classwide damages models, leading to denials of certification where such evidence is missing or invalid.

Methods to calculate classwide damages include surveys, event studies, regression analysis, and others. The panel will review several such approaches and discuss some of their assumptions and limitations that may support an 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 influence on the evidence of class damages
  2. Recent decisions affecting the type of evidence needed at certification
  3. How courts have recently construed Comcast and its progeny when considering attacks on proposed class damages models
  4. Assumptions and limitations of different types of damages methods


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?


Benz, Theresa Wardon
Theresa Wardon Benz

Ms. Benz represents clients such as Ford, Michelin, and Whirlpool in nationwide high-stakes appeals, litigation, and...  |  Read More

Cheng, Chuan
Chuan (Cici) Cheng

Wheeler Trigg O'Donnell

Ms. Cheng helps clients navigate the intricacies of complex commercial disputes. She handles cases involving breach of...  |  Read More

Williams, Dawn
Dawn B. Williams

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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