Notes

Michael Keeley Cornerstone Research Economic and Financial Consulting and Expert Testimony


Consumer Fraud and Product Liability: Practice Details

Class Actions

Cornerstone Research has addressed issues of certification, exposure, reliance, impact, and damages in class actions. Key questions in these cases may include whether common evidence can prove that certain challenged conduct caused each member of the proposed class to make a purchase and whether the challenged conduct injured each member of the proposed class. An additional consideration is whether each proposed class member’s damages, if any, can be determined by common proof.

We have worked on class actions involving allegations of:

- The benefit of the bargain harm, where plaintiffs claim that consumers would have allegedly paid less or not purchased the product at issue had they not allegedly been misled or had defendants not acted in in bad faith, because of improper labeling, advertising, or disclosure

- Diminished resale value of a durable good due to the challenged conduct

- Demand and price inflation claims that plaintiffs argue caused class-wide impact, even for consumers who were not influenced by the challenged conduct

Class certification in these cases frequently turns on the particulars of the challenged conduct, the overall structure of the industry and the market, and the characteristics of individual transactions. We evaluate these issues through empirical research within a framework of sound economic concepts.

Consumer Finance

We have worked on consumer finance cases involving credit cards, checking accounts, and pension plan choices. Our experience encompasses fraud and misrepresentation allegations as well as deceptive advertising and inadequate disclosure claims.

Technology

In several technology and manufacturing cases, attorneys have retained Cornerstone Research to analyze issues related to alleged false advertising, deception, product liability, and demand and price inflation.

Automobile

Cornerstone Research has rich experience in analyzing causation, impact, and damages issues in the automobile industry. We have addressed allegations of benefit of the bargain harm and diminished resale value in these cases.

Individual Actions

Individual actions involving allegations of fraud and misrepresentation are often brought by a defendant’s competitors. These cases may require a focus on the relevant market, quantification of the effect of the challenged conduct on demand and prices for competing products, and estimation of damages suffered by competitors due to the defendant’s alleged fraud or misrepresentation.

Pharmaceuticals and Healthcare

We have worked on several cases involving allegations of fraud and misrepresentation in pharmaceutical and healthcare matters.

Other Consumer Products

Our staff have assessed allegations of false advertising, deception, and product liability in many consumer products.

Capabilities in Statistics, Surveys, and Large Database Analyses

Analyses in cases involving allegations of consumer fraud and product liability often require the ability to conduct surveys, analyze company and public data, and work with large datasets. In several cases, we have conducted original surveys of market participants to determine consumer behavior, attitudes, and preferences. In other cases, we have been able to draw inferences from company and public data about the factors driving consumers’ decisions.