Economic considerations have become more common in the adjudication of class certification issues. In fact, following the United States Court of Appeals for the Third Circuit’s opinion in In re Hydrogen Peroxide Litigation (MDL 1682), meaningful economic analysis would appear to be standard. CRA has successfully introduced substantive economic analysis during class certification, often involving challenges to the commonality requirement of Rule 23 for classes of direct or indirect purchasers. In “Economic analysis of class certification issues,” we use three types of analysis from CRA engagements to provide examples. To read this article, click here:
The year in review: Updates and trends
In 2022, we witnessed intense activity in matters related to supply chain issues, the energy transition, oil & gas, post-M&A disputes, licensing issues,...