CRA Vice President Dr. Timothy Snail advised counsel for the US Department of Justice (DOJ) on economic issues relating to merits, causation and damages in a class action litigation. Plaintiffs, a multistate class of consumers, alleged that the Centers for Medicare and Medicaid Services’ (CMS) and its contractors’ handling of appeals of Medicare home health care claims denials were abnormally unsuccessful due to flaws in the claims review and appeals processes. Dr. Snail advised counsel on statistical sampling and inference, causation and the opposing expert’s damages methodology. The matter settled on terms favorable to the government. Dr. Snail was supported by a CRA team that included Ben Stearns, Adam Rohde and others.
Calculating damages in IEEPA tariff refund litigation
But it did not resolve a harder question: Who bore their economic cost? That distinction is now driving two parallel waves of private litigation: commercial...