Aggregated Statutory Damages in Class Litigation: Leveraging Rule 23 and Due Process Arguments to Defeat Certification

Philadelphia partner Mike Daly will present a Strafford webinar on “Aggregated Statutory Damages in Class Litigation: Leveraging Rule 23 and Due Process Arguments to Defeat Certification.” Mike will be joined on the February 26th panel by Archis Parasharami of Mayer Brown and Colin Willmott of Goldberg Segalla.

A number of state and federal consumer protection statutes allow prevailing plaintiffs to recover statutory damages. Although such damages are meant to incent individual plaintiffs to enforce their rights in individual actions, in class actions they can result in aggregate awards that are grossly disproportionate to the actual harm—if any—that was caused by the challenged conduct. Defendants have therefore taken to challenging such awards on procedural and constitutional grounds. This webinar will outline the types of class actions that seek statutory damages; highlight notable recent court decisions; detail best practices for challenging certification; and touch on some key insurance coverage considerations.