Eastern District of California Judge William B. Shubb certified a class of thousands of former NCAA Division I volunteer coaches who had sued the NCAA for anticompetitive compensation prohibitions. Originally published in...more
Predominance and Classwide Damage Models. The Ninth Circuit held that class action plaintiffs may rely on a reliable though not-yet-executed damages model (in this case a proposed but not done conjoint analysis) to...more
The Roundup covers notable class action decisions each month from federal appellate courts, as well as notable Supreme Court class action cert petitions....more
Just a decade ago, it was still an open question whether parties could challenge the admissibility of expert testimony in class certification proceedings. The United States Supreme Court recognized the issue in Wal-Mart...more
In recent years, conjoint analysis has proliferated as a methodology for calculating class-wide damages in consumer class actions. While conjoint analysis first emerged as a marketing tool for measuring consumers’ relative...more
To prove damages in a consumer class action, the named plaintiff must show—among other things—how many units of the defendant’s product were purchased by consumers in the relevant state (or states). This is easier said than...more
Today the U.S. Supreme Court rendered a pivotal decision, holding that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding...more