Class Certification: Product Liability and Consumer Class Actions

Capabilities and Services

Courts increasingly grant or deny class certification with the benefit of expert economic and statistical analysis. NERA experts are experienced in producing rigorous empirical analyses to assess whether Rule 23 requirements are met. We also regularly evaluate the analyses produced by opposing experts and assess whether they meet the Daubert criteria for admissibility.

The analysis that is most helpful at the class certification stage may differ in personal injury class actions from noinjury class actions, and in cases alleging product defects from those involving misrepresentations of product features or performance. Empirical analysis -- using sales data, public demographic information, or the results of specially designed surveys -- can help inform the class certification inquiry in a wide range of product liability and consumer class actions.