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Classwide Damages Models in Misleading and False Advertising Consumer Class Actions

A live 90-minute CLE video webinar with interactive 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.

Tuesday, March 11, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, February 14, 2025

or call 1-800-926-7926

This CLE course will discuss the types of classwide damages models that plaintiffs use to obtain certification and how to advance or oppose each of these types of models. The program will discuss the use of expert witnesses to testify about the plaintiffs' damages calculations and defense experts to attack the damages models

Description

A damages model that fails to measure damages according to the actual theory of liability is precluded, but plaintiffs still need to put forth a model that weeds out the injured from uninjured class members at the certification stage.

Further complicating the picture--as courts grapple with issues of injury, aggregate proof, standing, and the distinct legal requirements of different legal claims--are the variety of methods proposed to calculate damages. These include surveys, choice-based conjoint analysis, repair cost methods, full refund, hedonic regressions, and others. Some use different forms of regression analysis and inferential statistics.

Challenges to these damages models typically arise at the certification stage. Counsel for both plaintiffs and defendants need to understand these damages models and how to use expert witnesses to testify about the plaintiffs' damages calculations and how to attack the plaintiffs' damages models.

Listen as our panel reviews the legal and economic landscape and what it means in practice for there to be a nexus between the theory of harm and the damages model. The panel will analyze the different classwide damages models and explain the effective use of expert witnesses to prove or attack the plaintiffs' damages model.

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Outline

  1. Overview of damages
  2. Types of damages models and use of expert witnesses; topics may include:
    1. Conjoint analysis
    2. Full refund
    3. Hedonic regression
    4. Benchmarking
    5. Statutory damages
    6. Injunctive relief
  3. Use of damages experts and Daubert challenges in class certification proceedings
  4. Recent case law and analysis

Benefits

The panel will review these and other key issues:

  • Analysis of the various current classwide damages models
  • The relevant legal backdrop for what a damages model does (and does not) need to accomplish at Rule 23
  • Specific trends in Daubert challenges

Faculty

Phillips, Robert
Robert D. Phillips, Jr.

Partner
Alston & Bird

Mr. Phillips is a business litigator with nearly 40 years of experience assisting numerous companies in high-stakes...  |  Read More

Tomlin, Jon
Jon Tomlin

Senior Managing Director
Ankura

Mr. Tomlin is a leading economic expert in the areas of economic damages and antitrust and has advised clients in each...  |  Read More

Attend on March 11

Early Discount (through 02/14/25)

Cannot Attend March 11?

Early Discount (through 02/14/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video