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Expert Analysis

Classwide Calculations May Get Price Premium Damages Wrong

By Joao dos Santos, Jacob Kirsch and Kenneth Serwin ( August 14, 2024, 5:25 PM EDT) -- Economic damages in many consumer class actions — including false advertising and product defect class actions — are estimated using a "price premium" approach. In these matters, plaintiffs assert that putative class members overpaid for certain products because the price they paid was inflated due to a misrepresented or defective product feature. [1]. . .

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