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Class certification

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Overview

As courts continue 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 alleged fraud matters in the healthcare and life sciences industries. We employ relevant economic theories and quantitative techniques to examine testable implications of class-wide common impact and suitability of class-wide treatment. Our experts have been cited favorably by courts in numerous class certification opinions.

Selected Work

  • 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. 
  • In Center City Periodontists, P.C. v. Dentsply International, Inc., served 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. 
  • 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. 
  • 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. 
  • Served as a testifying expert on behalf of a medical device manufacturer in a products liability matter
  • 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. 
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