Price Premium Damages in Class Actions: Establishing Whether Losses Are Capable of Measurement on a Classwide Basis
Understanding the Measure of Loss and How Economic Experts Attempt to Model Them on a Classwide Basis
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Thursday, June 22, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will offer an in-depth discussion of price premium damages in consumer fraud and false advertising class actions and class actions alleging latent defects in a product. The webinar will review how losses are measured, ways of calculating price premiums, economic models, and possible bases to exclude invalid results under Federal Rule of Evidence 702. The program will benefit plaintiffs' counsel seeking to ensure the reliability of their damages models and defense counsel seeking to ferret out and challenge flawed approaches.
Mr. Tomlin is a leading economic expert in the areas of economic damages and antitrust and has advised clients in each of these areas for over 20 years. He has testified as an economic expert witness for cases in both state and federal courts. Mr. Tomlin has extensive experience advising clients regarding complex economic damages issues. He has assessed economic damages in cases involving allegations of false advertising, breach of contract, fraud, antitrust, and intellectual property. He has evaluated class certification issues in many of these cases.
Ms. Henry excels at helping clients respond to sensitive and complex litigation, including class actions. Her experience includes actions involving alleged violations of California's Unfair Competition Law and False Advertising Law and other state's equivalents, including Florida's Unfair and Deceptive Trade Practices Act and New York’s General Business Law §§ 349 and 350, alleged violations of price gouging statutes, alleged breach of contract, including distribution and supply agreements, and business torts, including intentional interference claims and theft of trade secrets.
Ms. Reynolds is an attorney at Gutride Safier LLP. Prior to working with Gutride Safier, she advised departments within Santa Clara County government as a deputy county counsel. Before that, Ms. Reynolds was a litigation associate at O’Melveny & Myers LLP, where she litigated complex matters involving employment, anti-trust, and intellectual property.
Consumer fraud, false advertising, and latent-defect product class action cases often seek to recover the difference between the market price actually paid and the true market price that reflects the impact of the unlawful, unfair, or fraudulent business practice: the “price premium.” In evaluating price premium damages, plaintiff and defense experts often disagree about how and to what extent economic models are supposed to--and do--take into account both the demand and supply side of market. Separating the effect of the relevant claims from the effects of numerous other confounding factors must be done in accordance with rigorous scientific standards.
In determining whether to certify proposed consumer classes, courts often evaluate price premium models proposed by plaintiff and defendant experts. This evaluation is often critical in the class certification decision as plaintiffs have the burden to demonstrate that the calculation of damages is possible on a class wide basis.
Listen as this esteemed panel discusses the proper methods for calculating price premiums and ensuring the reliability, integrity, and admissibility of this complex damages calculation whether submitted for plaintiffs or defendants.
- Introduction to price premium damages
- Critical role of damages models at certification stage
- Market simulation models
- Strategies for plaintiffs
- Strategies for defense
The panel will review these and other key issues:
- What is conjoint analysis, generally, and what are the various types of conjoint analysis?
- What questions must be asked to determine if survey data was obtained in accordance with rigorous scientific standards?
- What does it mean to take into account both the supply and demand curves in price premium analysis?
- Challenges to calculating but-for prices with only demand-side information and how to account for supply side factors?
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