Disputes

Class Action Litigation

Class action disputes pose many challenges for plaintiffs and defendants alike, and can become a major drain on resources. The stakes are often enormous.  In response, even before such recent federal rulings as In Re: Hydrogen Peroxide Antitrust Litigation and IPO Securities Litigation, many courts had set high standards at the class certification stage.  If anything, the role of privileged consultants and expert witnesses in class action litigation is expected to increase.

Navigant Consulting professionals have been active in many leading class action and mass action disputes, involving causes such as unpaid overtime and employment discrimination, billing and contract disputes, antitrust, securities fraud, product liability, and environmental claims.  Our seasoned professionals teams work at all stages of a class action’s life, from discovery to distributions, and from class certification to liability, damages, and settlement negotiations.  

Representative Engagements

Wage-and-hour:  For a mass merchandiser in California, one of our experts issued an opinion at the class certification stage, addressing the heterogeneity of work place experiences and the reliability of employee recall.  The court disallowed claims for off-the-clock work and shortened or skipped breaks.

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    Recent Trends in Rule 23 Class Certification Expert Analyses

    Explains the role of expert analysis and testimony during class certification proceedings.

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    Expert Witnesses in Class Certification Proceedings

    This article explores how the courts deal with expert testimony in class certification motions.

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    The Economic Reality of Securities Class Action Litigation

    This study quantifies the effects on investors from alleged securities fraud and related class action lawsuits.

 

Billing fraud:  For an electric utility, one of our experts issued an opinion and testified in court about heterogeneity and conflicts within the proposed class.  The court dismissed the case, citing the expert testimony in the ruling.  In particular, the judge noted that the Navigant expert had demonstrated that the relief proposed by plaintiffs would actually harm members of the proposed class.

Improper interest rate levies:  One of our professionals was appointed by a California court as its expert on statistics and finance.  The court dismissed claims of financial damages, but directed the defendant to change some business practices.

Learn more about this practice:

Class Action Employment Litigation Services
Securities Investigations & Litigation Services