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Getting Certified: Asserting and Navigating New Scrutiny of Expert Methodologies for 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, August 10, 2023

Recorded event now available

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This CLE course will instruct class action attorneys on the state of the law and the latest developments in challenges to the sufficiency of the damages models that plaintiffs offer to support class certification, including attacks on those models based on asserted economic, statistical, or methodological flaws. The panel will discuss how these types of challenges affect predominance, commonality, and other class certification issues.


Proof of damages has never been more important to class action litigation. For nearly 10 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.

Federal courts have increased scrutiny of proposed classwide damages models, leading to denials of certification where such evidence is missing or invalid.

Plaintiffs turn to a variety of theoretical models to show damages and injury for all class members. 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 affect class certification.

Listen as our authoritative panel explains current trends in the use and court treatment of damages models since Comcast.



  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?
  • What does it mean for damages models to be consistent with theories of liability?


Neary, Robert
Robert Neary

Of Counsel
Kozyak Tropin & Throckmorton

Mr. Neary's practice includes various areas of complex commercial litigation as well as class actions and...  |  Read More

Tuck, Andrew
Andrew J. (Andy) Tuck

Alston & Bird

Mr. Tuck is a patent-barred commercial litigator focusing on international arbitration and federal litigation,...  |  Read More

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