Consumer product class action claims continue to be on the rise in the wake of more aggressive regulatory inquiries and increased recall activities. The consumer fraud and warranty-based claims pursued, sometimes on behalf of millions of class members, are far reaching and entail risks in all facets of product development, including manufacturing, sales and marketing, and product field support.

Several recent federal and state court decisions have changed the way in which consumer product class actions will be fought. Traditional approaches, such as bifurcation, decertification motions, and expert scrutiny at the class certification stage, are evolving rapidly. Keeping up with these prevailing trends while staying abreast of relevant industry developments and technology is critical to managing these challenging cases.

Please join us as a diverse panel of experienced practitioners, an expert, and a retired state Supreme Court Justice share their insight and real-world practice tips for navigating the unique issues that arise in consumer product class action litigation. Panelists will discuss how such cases proceed through trial and post-trial proceedings. 

topics

  • Recent consumer product class action trends, including the impact of Dukes and Hydrogen Peroxide decisions on issues involving causation impediments, advertising obstacles, and related practice changes 
  • The status of Daubert challenges at the class certification stage 
  • An expert’s view of class certification damages theories 
  • A New Jersey Supreme Court Justice’s perspective on the viability of challenges to class certification

moderator

Neal Walters, Practice Leader, Product Liability and Mass Tort Group

panelists/speakers

Justice Roberto A. Rivera-Soto, Partner, Litigation Department
Dr. Bruce A. Strombom, Managing Principal, Analysis Group, Inc.
Michael R. Carroll, Associate, Product Liability and Mass Tort Group