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 Senior Managing Director New York City +1 212 345 5913 lucy.allen@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. Stephanie Plancich Managing Director New York City +1 212 345 7719 stephanie.plancich@nera.com
Mary Elizabeth C. Stern Managing Director White Plains, NY +1 914 448 4054 mary.elizabeth.stern@nera.com
Drew Claxton Director New York City +1 212 345 3442 drew.claxton@nera.com
Janeen McIntosh Senior Consultant New York City +1 212 345 1375 janeen.mcintosh@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
Snapshot of Recent Trends in Asbestos Litigation: 2022 Update White Paper Mary Elizabeth Stern and Lucy Allen
Snapshot of Recent Trends in Asbestos Litigation 2021 Update Mary Elizabeth C. Stern and Lucy P. Allen
The Role of Punitive Damages in Asbestos Litigation Published Article Faten Sabry and Sungi Lee, et al.
Snapshot of Recent Trends in Asbestos Litigation: 2020 Update Report Mary Elizabeth C. Stern and Lucy P. Allen
Hey Google: When Did People Stop Going to Work? White Paper Dr. Faten Sabry, Linh Nguyen, and Aakash Bhalothia
Snapshot of Recent Trends in Asbestos Litigation: 2018 Update White Paper Mary Elizabeth C. Stern and Lucy P. Allen
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 Lucy P. Allen, Mary Elizabeth C. Stern, Jorge Baez, and Frank George
Comcast and Economic Analysis of Class Certification Issues Working Paper 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