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....

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