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 Managing Director New York City +1 212 345 5913 lucy.allen@nera.com
Dr. Graeme Hunter Managing Director New York City +1 212 345 7724 graeme.hunter@nera.com
Dr. Denise Neumann Martin Managing Director Miami +1 212 345 5296 denise.martin@nera.com
Dr. Faten Sabry 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 Managing Director New York City +1 212 345 6089 ramsey.shehadeh@nera.com
Bradley A. Heys Director Toronto
New York City
+1 416 868 7312
+1 212 345 2691
brad.heys@nera.com
Dr. Ling Ling Ang Associate Director New York City
Washington, DC
+1 212 345 5409
+1 202 466 9259
lingling.ang@nera.com
Drew Claxton Associate Director New York City +1 212 345 3442 drew.claxton@nera.com
Dr. Garrett Glasgow Associate Director San Francisco +1 415 291 1029 garrett.glasgow@nera.com
Dr. Stephanie Plancich Associate Director New York City +1 212 345 7719 stephanie.plancich@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 7659 8644
mark.berenblut.affiliate@nera.com
Todd Morrison Affiliated Consultant Washington, DC +1 202 466 9213 todd.morrison.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 2020 Update Report Janeen McIntosh and Svetlana Starykh
Hey Google: When Did People Stop Going to Work? White Paper By Dr. Faten Sabry, Linh Nguyen, and Aakash Bhalothia
Economic and Financial Analyses in Australian Securities Litigation in the Wake of TP... White Paper Dr. David Tabak and Dr. Will Taylor
Recent Trends in Securities Class Action Litigation: Q1 2020 Update White Paper Janeen McIntosh.and Svetlana Starykh
How Are Different Types of Stocks Weathering COVID-19? Published Article By Dr. Jordan Milev
Trends in Canadian Securities Class Actions: 2019 Update Report Bradley A. Heys, Robert Patton, Jielei Mao
Recent Trends in Securities Class Action Litigation: 2019 Full-Year Review Report Janeen McIntosh and Svetlana Starykh
Recent Trends in US Securities Class Action Litigation: H1 2019 Update Report Janeen McIntosh and Svetlana Starykh
Recent Trends in Securities Class Action Litigation: Q1 2019 Update Report Svetlana Starykh, et al.
Trends in Canadian Securities Class Actions: 2018 Update Report Bradley A. Heys and Robert Patton