Class Actions and Class Certification

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 Senior Managing Director New York City +1 212 345 5913 lucy.allen@nera.com
Bradley A. Heys Senior Managing Director Toronto
New York City
+1 416 868 7312
+1 212 345 3000
brad.heys@nera.com
Dr. Graeme Hunter Senior Managing Director New York City +1 212 345 7724 graeme.hunter@nera.com
Dr. Denise Neumann Martin Senior Managing Director Miami +1 305 808 7880 denise.martin@nera.com
Dr. Faten Sabry Senior Managing Director
Chair of NERA's Global Securities and Finance Practice
Bankruptcy Practice Chair
New York City
London
+1 212 345 3285
+44 20 7659 8618
faten.sabry@nera.com
Dr. Ramsey Shehadeh Senior Managing Director Washington, DC +1 212 345 6089 ramsey.shehadeh@nera.com
Dr. Ling Ling Ang Managing Director Washington, DC
Chicago
+1 202 466 9259
+312 573 2827
lingling.ang@nera.com
Dr. Stephanie Plancich Managing Director New York City +1 212 345 7719 stephanie.plancich@nera.com
Drew Claxton Director New York City +1 212 345 3442 drew.claxton@nera.com
Dr. Garrett Glasgow Director San Francisco +1 415 291 1029 garrett.glasgow@nera.com
Dr. Michael Baye Affiliated Academic Washington, DC +1 202 466 9298 michael.baye.affiliate@nera.com
Mark L. Berenblut Affiliated Consultant Toronto
New York City
London
+1 416 868 7311
+1 917 475 0020
+44 20 3769 1096
mark.berenblut.affiliate@nera.com
Dr. Kent Van Liere Affiliated Consultant San Francisco +1 415 291 1000 kent.vanliere@vanliereconsulting.com
Title Type Author
Recent Trends in Securities Class Action Litigation: H1 2023 Update Report Edward Flores and Svetlana Starykh
Trends in Canadian Securities Class Actions: 2021 Update White Paper Bradley A. Heys, Robert Patton, Jielei Mao
Supply-Side Data Can Help Product Defect Damages Models Published Article Dr. Daniel Werner
Snapshot of Recent Trends in Asbestos Litigation 2021 Update Mary Elizabeth C. Stern and Lucy P. Allen
Class Action Lawsuits: Opportunities to Apply Econometrics and Statistics Published Article Dr. Ling Ling Ang, Dr. Jordan Milev, and Dr. John Scalf
The Role of Punitive Damages in Asbestos Litigation Published Article Faten Sabry and Sungi Lee, et al.
Recent Trends in Securities Class Action Litigation Janeen McIntosh and Svetlana Starykh
Trends in Canadian Securities Class Actions: 2020 Update Report Bradley A. Heys, Robert Patton, and Jielei Mao
Recent Trends in Securities Class Action Litigation: 2020 Full-Year Review Report Janeen McIntosh and Svetlana Starykh
Recent Trends in Securities Class Action Litigation: H1 2020 Update Report Janeen McIntosh and Svetlana Starykh