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....
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....
