A Look At The Latest Damages Model In Food Litigation

Law360, New York (March 19, 2015, 12:00 PM EDT) -- As food and beverage mislabeling class actions have continued to proliferate, plaintiffs have sometimes struggled to persuade courts that their proposed damages models are a reliable method of calculating classwide damages consistent with Comcast Corp. v. Behrend.[1] The new decision in In re ConAgra Foods Inc.,[2] however, certified 10 state classes based on an innovative — indeed unprecedented — dual methodological econometric damages model designed to overcome the pitfalls that have doomed class certification in other cases. As damages modeling continues to become more sophisticated, litigators should be aware of the strengths and weaknesses of the methodologies employed by plaintiffs' experts attempting to prove that classwide damages can be reliably calculated....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!