Labor and Employment

Class Certification

Class Certification

At NERA, we advise our clients on the entire range of economic issues that can arise in class actions alleging discrimination or wage and hour violations, including the determination of common impact on a classwide basis, proof of injury, analysis of intra-class conflict, and the feasibility of formulaic approaches to damages.

NERA’s ability to go beyond the broad-brush analyses frequently presented in labor litigation allows our economists to understand whether an alleged disparity or violation pervades the proposed class, limits the class to some subgroup, or does not exist at all. Our work may include assessing whether the available data would allow such a determination, as well as understanding the drivers of observed variability in patterns of alleged violations. Often such variability suggests that apparent violations are, in fact, innocuous and result from the mechanical application of a damages formula to data that may be available from business records but cannot reliably answer the questions raised in litigation. Our experts have testified extensively on statistical issues related to Rule 23 and on whether any statistical claims are artifacts of the model an opposing expert has chosen.

Name Title Location Phone Email
Dr. Denise Neumann Martin Managing Director New York City +1 212 345 5296 denise.martin@nera.com
Dr. Christine Siegwarth Meyer Managing Director White Plains, NY +1 914 448 4119 christine.meyer@nera.com
Dr. Jon Wainwright Managing Director Austin
Chicago
+1 512 383 4802
+1 312 573 2800
jon.wainwright@nera.com
Jonathan Falk Associate Director New York City +1 212 345 5315 jonathan.falk@nera.com
Dr. Elizabeth Newlon Associate Director Los Angeles +1 213 346 3019 elizabeth.newlon@nera.com
Dr. Stephanie Plancich Associate Director New York City +1 212 345 7719 stephanie.plancich@nera.com
Mark L. Berenblut Affiliated Consultant Toronto
New York City
London
+1 416 868 7311
+1 917 475 0020
+44 20 7659 8644
mark.berenblut.affiliate@nera.com
Title Type Author
Snapshot of Recent Trends in Asbestos Litigation: 2017 Update Report Mary Elizabeth C. Stern and Lucy P. Allen
Trends in Wage and Hour Settlements: 2015 Update Report By Dr. Stephanie Plancich, Neil Fanaroff, and Janeen McIntosh
Using Statistical Analysis For Employee Misclassification Published Article By Mary Elizabeth C. Stern, et al.
Why Daubert Makes Sense At Class Cert. Under Title VII Published Article By Dr. Denise Neumann Martin, et al.
Statistical Lessons of Ricci v. De Stefano Published Article By Jonathan Falk
Implications of the Fair Pay Act for Statistical Analysis in Wage Discrimination Suit... Working Paper By Dr. Denise Neumann Martin and Dr. Elizabeth Newlon with former NERA Senior Vice President Dr. Christopher Erath
The Use of Economic Analysis in Predatory Lending Cases: Application to Subprime Loan... Published Article By Dr. Denise Neumann Martin, Dr. Stephanie Plancich, and Dr. Faten Sabry