Alleged false advertising of consumer products is one of the most active areas in class action litigation. As most of these matters conclude before the courts can offer an opinion on damages, it is often unclear which damages theories are viable. A recent Ninth Circuit decision, Chowning et al. v. Kohl’s Department Stores Inc. et al. clarifies the issue –available remedies are substantially narrower than those often asserted. In this Law360 article, Timothy Snail discusses the implications of the recent ruling, and uses well-known examples to illustrate common theories of damages.
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New research on the use of conjoint surveys with market simulation analysis for damages estimation in consumer protection class action litigation
Market simulations that we have seen used in consumer protection class action litigation apply what is known as the static Nash Bertrand model of competition...