Product and equipment defects
Class-wide loss from defective products, including agricultural and dairy equipment systems.
Class Actions
Class-wide damages models, certification-stage analysis, and allocation among class members.
Class actions turn on whether loss can be measured across a class using evidence common to its members, and on what that measurement shows.
Class-wide damages analysis asks a different question than individual damages work. The issue is not only what one plaintiff lost, but whether a method exists that measures loss across the class from records its members share, and how much variation among those members the method leaves unexplained. The definition of the class, the theory of liability, and the records actually available all bear on whether such a method can be built and on how well it performs.
Types of cases include
Agricultural classes
Damages across producer and livestock operations affected by a common cause.
Consumer and commercial classes
Overcharge, misrepresentation, and warranty claims measured across purchasers.
Employment classes
Back pay, front pay, lost benefits, and wage-and-hour claims modeled across a class.
What we provide
Independent economic analysis available to plaintiff or defense counsel.
Our work centers on whether a damages model can be built from evidence common to the class, and on what that model shows once built. That means defining the but-for benchmark, identifying the records that support measurement across members rather than one member at a time, and testing how much of the variation among members the model explains. Data sources vary with the matter and may include transaction and purchase records, production and operational logs, payroll and personnel files, warranty and service histories, and industry or agency data appropriate to the sector.
Where a matter reaches the certification stage, the economic question is whether damages are capable of measurement on a class-wide basis using a common method, and what that method requires in order to work. We describe the method, the records it depends on, how it performs, and the individualized questions it does not resolve. Whether the applicable legal standard is satisfied is a question for the court and for counsel. We address the economic and statistical questions within it.
Where a class resolves, the same model often supports allocation among members on the same basis. Reports are written to satisfy FRCP 26(a)(2)(B), supported by deposition and trial testimony as needed. Closely related work appears on the agricultural-litigation and employment pages.
Note: We do not provide legal advice. Retaining counsel identifies the applicable legal framework; we apply accepted economic methods to quantify losses.
Common questions
What counsel asks before retaining an economic expert.
Can damages be measured across a class rather than plaintiff by plaintiff?
Sometimes, and whether they can is itself an economic question. It depends on whether records common to the class support a method that measures loss for its members, and on how much variation among members that method leaves unexplained. Where the common evidence does not support class-wide measurement, that is a finding we report as readily as the alternative.
What is an economist's role at the class-certification stage?
At certification the economic question is whether damages are capable of measurement on a class-wide basis using a common method. We describe the proposed method, the records it relies on, how it performs, and the individualized questions it does not resolve. Whether the applicable legal standard is met is for the court to decide.
What records support a class-wide damages model?
It depends on the claim and on how the class is defined. Transaction and purchase records, production and operational logs, payroll and personnel files, warranty and service histories, and industry or agency data are common sources. We work with counsel to identify what is available and to assess whether it supports measurement across the class.
How are differences among class members handled?
Variation among members is measured rather than assumed away. A model may account for differences through characteristics observable in the data, and where variation remains unexplained we report its extent. Whether the remaining individualized questions are material is a legal question. The economic evidence about their size is ours to supply.
Can the same damages model be used to allocate a resolution among class members?
Often it can. A model that measures loss for each member from common records will generally support allocation on the same basis. Whether it is used that way depends on the terms of the resolution and on the requirements of the court.
Where do your economists practice?
Our economists are based in Wisconsin and California. We have particular depth of experience in Wisconsin, Minnesota, Iowa, Illinois, and California, but regularly accept engagements throughout the United States. We provide expert economic analysis nationwide. Logan Kelly has provided expert testimony in federal and state courts across multiple jurisdictions; both economists are available for deposition and trial as needed.
Practice scope Federal and state courts nationwide.