Class certification

Overview

With recent changes in case law requiring district courts to make deeper inquiries at the class certification stage, a systematic treatment of the economics of class certification takes on greater importance. Bates White has experience evaluating the economic conditions of class certification in a number of antitrust and fraud lawsuits in the healthcare industry. We employ relevant economic theories and quantitative techniques to examine testable implications of class-wide common impact and suitability of class-wide treatment. Our professionals have testified on behalf of joint defense groups opposing class certification and have critically assessed economic interpretations of common impact made by opposing economic experts.

  • In In re WellPoint, Inc. Out-of-Network “UCR” Rates Litigation, served as a testifying expert on economic issues associated with class certification including ascertainability of the putative classes, identification and measurement of economic harm, and reliability of class-wide damages methodologies on behalf of defendant WellPoint in connection with alleged underpayment of out-of-network benefits associated with alleged violations of Employee Retirement Income Security Act (ERISA), California Unfair Competition Law (UCL), breach of warranty, and breach of implied covenant of good faith obligations. Provided expert report and deposition testimony.
  • In Center City Periodontists, P.C. v. Dentsply International, Inc., serving as a testifying expert on economic issues associated with class certification including ascertainability of the class and reliability of class-wide damages methodologies on behalf of Dentsply in connection with alleged breach of warranty claims associated with certain dental ultrasonic scaling devices. Provide expert report and deposition testimony.
  • In Pennsylvania Chiropractic Association v. Blue Cross Blue Shield Association, served as a testifying expert on economic issues associated with class certification including ascertainability of the putative classes and identification and measurement of class-wide economic harm on behalf of a joint defense group of leading health insurers in connection with alleged ERISA violations associated with certain recoupment practices. Provided expert reports and deposition testimony.
  • In In re Pharmaceutical Industry Average Wholesale Price Litigation, served as the testifying expert on issues of predominance, feasible damages methodologies, and merits on behalf of a joint defense group of leading pharmaceutical manufacturers. Submitted written, deposition, and trial testimony concerning competitive dynamics between providers and Medicare and third-party payers and the effect of the Medicare Prescription Drug Improvement and Modernization Act of 2003. The judge denied certification to the self-administered drug class, which represented most of the commerce allegedly affected.
  • Served as a testifying expert on behalf of a medical device manufacturer in a products liability matter. Support included providing client with an analysis of liability, damages, and issues of causation, as well as assessing whether a proposed class of health plans warrants certification.
  • In Swanston v. TAP Pharmaceutical Products, served as the testifying expert on issues of predominance and feasible damages methodologies on behalf of a joint defense group of leading pharmaceutical manufacturers opposing class certification. Analyzed reimbursements for both self-administered and physician-administered drugs made by patients covered by government-sponsored health insurance programs including Medicare, Medicaid, and TRICARE, patients covered by private health insurance programs, and patients without insurance. Submitted written report.