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3 Apr 2024, 9:05 pm by renholding
Behrend further requires plaintiffs to propose a methodology for calculating damages common to the class.[8] Securities class action plaintiffs generally propose an event study to estimate how much artificial inflation was (i) triggered when the misinformation was disseminated or (ii) dissipated when disclosures ultimately corrected the misinformation. [read post]
19 Mar 2024, 7:01 am by bklemm@foley.com
Behrend, 569 U.S. 27 (2013), that the proposed classes could not be certified in the absence of a viable class-wide damages model. [read post]
11 Jul 2022, 4:46 am by Wystan Ackerman
Behrend, 569 U.S. 27 (2013), the plaintiffs had failed to demonstrate that damages were “capable of measurement on a classwide basis” because they could not “show that the whole class suffered damages traceable to their alleged misclassification as independent contractors,” even if the amounts of those damages would need to be proven individually. [read post]
29 Jun 2022, 10:44 am by Travis Hinman
Behrend, 569 U.S. 27 (2013)), and evidence with nonsensical results, such as evidence showing injuries to class members who by definition are incapable of being injured (citing In re Rail Freight Fuel Surcharge Antitrust Litigation, 725 F.3d 244 (D.C. [read post]
3 Jun 2022, 8:46 am by John Jascob
Behrend (U.S. 2013), the brief argues, a plaintiff must show a class-wide damages model tailored to its liability theory (In re Oracle Corporation Securities Litigation, May 31, 2022).Oracle has appealed a California district court’s grant of class certification in a securities fraud action alleging that Oracle and its management misrepresented the company’s cloud business. [read post]
Behrend to address the question but ultimately found it was not preserved for review.[5]  The court then considered the Sixth Circuit’s statements on the subject. [read post]
4 Feb 2022, 8:19 am by Zak Gowen
Behrend, 569 U.S. 27 (2013), the Supreme Court decertified a class because the class’s expert’s damages calculations attributed damages to lawful conduct. [read post]
2 Nov 2021, 8:29 am by Lawrence Moore
Behrend, 569 U.S. 27 (2013), the Supreme Court made clear that the obligation to find facts after a “rigorous analysis” applies to expert opinion, and that a court may not refuse “to entertain arguments against [a] damages model that bore on the propriety of class certification, simply because those arguments would also be pertinent to the merits determination. [read post]
15 Jul 2021, 2:54 pm by Kevin LaCroix
In its June 21, 2021 decision in Goldman Sachs Group, Inc. v. [read post]
21 Sep 2020, 12:43 pm by Rebecca Tushnet
Behrend, 569 U.S. 27 (2014), held that “a model purporting to serve as evidence of damages in [a] class action must measure only those damages attributable to that theory. [read post]
6 Jul 2020, 1:03 pm by Rebecca Tushnet
Behrend, 569 U.S. 27 (2014), held that “a model purporting to serve as evidence of damages in [a] class action must measure only those damages attributable to that theory. [read post]
2 Mar 2020, 3:48 am by Peter Mahler
Diligence is a Must According to Behrend’s brief, after Klein was served with Behrend’s complaint he fled the country for Israel, apparently leaving Behrend holding an empty bag for some or all of the $2.3 million he loaned Klein. [read post]
17 Feb 2020, 12:10 am by tortsprof
Behrend establishing heightened requirements for the certification of damages class actions.... [read post]
28 Oct 2019, 7:49 am by Rebecca Tushnet
Behrend, 569 U.S. 27 (2013), it was sufficient that the model measured the damages according to plaintiffs’ theory of the case: consumers paid more because of the flushable label. [read post]