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...
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