Class Actions and Class Certification

Economic analysis is an important and valuable tool in a wide range of class action litigation. NERA experts advise clients on the entire range of economic issues that can arise in class action cases, including the determination of common impact on a class-wide basis, proof of injury, analysis of intra class conflict, and the feasibility of formulaic approaches to damages. NERA economists employ sophisticated economic theory and quantitative methods, grounded in a thorough understanding of markets. We work with clients at all stages of counseling, from the pre-complaint period through discovery and trial, and we present our findings in a clear and concise manner that is accessible to attorneys, juries and judges, as well as other economists. Our expertise in these areas includes:

Antitrust

NERA's antitrust experts regularly prepare economic analyses that examine whether or not impact (the fact of damage) and damages (the overcharge amount) can be proved on a common, class-wide basis for all members of a proposed class using common evidence, or if instead individual evidence is needed to demonstrate impact and damages customer by customer, or for different groups of customers.

Labor and Employment

NERA's labor economists advise clients on the entire range of economic issues that can arise in class actions alleging discrimination or wage and hour violations, including the determination of common impact on a classwide basis, proof of injury, analysis of intra-class conflict, and the feasibility of formulaic approaches to damages.

Product Liability

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.

Securities

NERAs securities and finance economists frequently provide consulting and testifying services in securities class actions. Even before the case gets underway, clients often ask us to estimate the exposure and the amount that defendants are likely to pay if the case settles. Using our knowledge of plaintiff-style damage calculation methodologies and our proprietary database of information on hundreds of prior shareholder class action settlements, NERA provides estimates for both of these figures to help counsel better assess the magnitude of the case. NERA also helps clients deal with the early phases of arguments about whether or not a case should proceed.