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Don’t ignore theory of damages in class actions

Monday, April 03, 2017 @ 8:55 AM | By Ian Wollach

Although theories of liability such as a government’s negligence, a bank’s breach of contract or an insurance company’s bad faith usually get the legal headlines, sometimes the theory of damages will be the most important issue in a class action for the following four reasons:

1) The strategy by which class counsel pursues damages may determine whether a particular law firm gets carriage of the action in the event that different firms commence competitive claims and “carriage fight” ensues;

2) The type of damages claimed (i.e....