Consumer Fraud and Product Liability: Practice Details
Cornerstone Research has addressed issues of certification, exposure, reliance, impact, and damages in class actions. Key questions in these cases may include whether common evidence can prove that certain challenged conduct caused each member of the proposed class to make a purchase and whether the challenged conduct injured each member of the proposed class. An additional consideration is whether each proposed class member’s damages, if any, can be determined by common proof.
We have worked on class actions involving allegations of:
- The benefit of the bargain harm, where plaintiffs claim that consumers would have allegedly paid less or not purchased the product at issue had they not allegedly been misled or had defendants not acted in in bad faith, because of improper labeling, advertising, or disclosure
- Diminished resale value of a durable good due to the challenged conduct
- Demand and price inflation claims that plaintiffs argue caused class-wide impact, even for consumers who were not influenced by the challenged conduct
Class certification in these cases frequently turns on the particulars of the challenged conduct, the overall structure of the industry and the market, and the characteristics of individual transactions. We evaluate these issues through empirical research within a framework of sound economic concepts.