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Legal and Methodological Issues
from Part III - Methodological Advances
Published online by Cambridge University Press: 29 June 2023
Class action damages used to be boring. Essentially an accounting exercise, they came at the end of the case, after resolution of the more interesting issues of what the defendant did and whether it was liable for doing it. And because trial rarely happens, especially in consumer class actions where jury awards can be untethered to damages estimates and potentially astronomical, the damages reports quietly served by the dueling expert witnesses near the close of discovery served mainly as a benchmark for pretrial settlement discussions.
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