David Kaplan, Executive Director
Berkeley Research Group, LLC
- Why consideration of impact and damages is critical to economic class action analysis?
- Can some form of common evidence reliably determine impact and damages for proposed class members or does the analysis necessarily require consideration of idiosyncratic issues associated with individual proposed class members?
- What are the consequences of including uninjured class members in the proposed class definition?
- What is the impact of the “Tuna Decision.”
William J. Kolasky, Partner
Hughes Hubbard & Reed LLP
- Why do defendants concede that the existence of an alleged antitrust conspiracy and its anticompetitive effects is a common question of law and fact?
- To what extent has the “all or substantially all” requirement for showing that common method of proof can be used to demonstrate class wide impact been eroded by Olean and these other recent decisions?
- Have some courts given up trying to referee the war of the experts beyond enforcing Daubert?
- Does the separate superiority requirement in rule 23(b)(3) still have teeth?