Product Liability and Mass Torts

Consumer Class Actions

Consumer Class Actions

NERA experts provide assistance at each stage of consumer class actions alleging misrepresentation, fraud, product failure or diminution of value. We have experience in a wide range of industries including credit cards, automobiles and automotive products, computers, sporting goods, medical products, buildings products, and telecommunication devices.

We are often asked, at an early stage of a class action, to assess data requirements and assist clients with data management issues. Certain data may be available from the company, e.g., in the form of product sales and distribution records. In some cases, though, data relevant to the litigation may not be available from business records. NERA experts have conducted surveys to fill the data gap. For example, we have developed surveys to assess whether product users were similarly affected or to reveal that no typical class can be defined.
 
Increasingly, courts have been considering expert testimony before ruling on class certification. Our empirical analyses have been used at the class certification stage to provide an evidentiary basis for properly delineating a class consistent with the requirements of Rule 23(b) or rejecting class certification altogether. If the class has already been certified, our experts help by quantifying potential exposure, as well as developing rigorous estimates of any potential damages. Our staff includes computer programmers who are skilled at the efficient management and analysis of large databases, sometimes containing information for several hundred thousand plaintiffs.
 
For parties engaged in the development of structured settlements, NERA assists by modeling the expected liability and administrative costs of settlement proposals. This analysis involves predicting participation and approval rates, and consideration of alternative means of payment such as coupons. Another important element of such analyses is the estimation of the number of class members expected to opt-out of the settlement, accounting for the evidentiary requirements and other features of the settlement such as appeals provisions. NERA helps to determine the best settlement structure by estimating the effect of alternative payment and qualification criteria. We also model cash flows, funding needs, and related insurance recoveries.

Name Title Location Phone Email
Lucy P. Allen Managing Director New York City +1 212 345 5913 lucy.allen@nera.com
Dr. Denise Neumann Martin Managing Director New York City +1 212 345 5296 denise.martin@nera.com
Dr. Faten Sabry Managing Director
Bankruptcy Practice Chair
New York City
London
+1 212 345 3285
+44 20 7659 8618
faten.sabry@nera.com
Dr. Kent Van Liere Managing Director Denver
San Francisco
+1 303 357 4782
+1 415 291 1010
kent.van.liere@nera.com
Mary Elizabeth C. Stern Director White Plains, NY +1 914 448 4054 mary.elizabeth.stern@nera.com
Drew Claxton Associate Director New York City +1 212 345 3442 drew.claxton@nera.com
Dr. Stephanie Plancich Associate Director New York City +1 212 345 7719 stephanie.plancich@nera.com
Dr. Eugene Ericksen Affiliated Academic Philadelphia +1 215 864 3878 eugene.ericksen.affiliate@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
Asbestos: Economic Assessment of Bans and Declining Production and Consumption Report By Lucy P. Allen, Mary Elizabeth C. Stern, Jorge Baez, and Frank George
Comcast and Economic Analysis of Class Certification Issues Working Paper By Drew Claxton and Dr. Faten Sabry
Snapshot of Recent Trends in Asbestos Litigation: 2010 Update White Paper By Lucy P. Allen and Mary Elizabeth Stern
The Economic Impact Of New MMSEA Regulations Published Article By Dr. Denise Neumann Martin, Dr. Stephanie Plancich, and Mary Elizabeth Stern
China Product Recalls: What's at Stake and What's Next Working Paper By Lucy P. Allen with former NERA Senior Consultant Dr. Simona Heumann and Dr. Renzo Comolli
Use of Sample Surveys in Product Liability Litigation Published Article By Dr. Kent Van Liere