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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, August 10, 2023

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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.

Faculty

Robert Neary
Of Counsel
Kozyak Tropin & Throckmorton

Mr. Neary's practice includes various areas of complex commercial litigation as well as class actions and multi-district litigation, representing plaintiffs in fraud and deceptive trade practices, tort, and product liability claims. He has litigated actions in both Federal and State courts and has also litigated matters before the Financial Industry Regulatory Authority (FINRA).

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Andrew J. Tuck
Partner
Alston & Bird LLP

Mr. Tuck is a patent-barred commercial litigator focusing on international arbitration and federal litigation, primarily in the areas of insurance and antitrust. His deep knowledge of actuarial analysis allows him to assist insurers with their most difficult issues in and out of litigation, and his electrical engineering background allows him to represent clients entangled in litigation involving cutting-edge technology, primarily in the telecommunications industry. Mr. Tuck also has extensive experience handling high-value appeals in state and federal courts. He is recognized by The Best Lawyers in America© for Commercial Litigation.

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Description

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.

Outline

  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

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