U.S. Court of Appeals for the Ninth Circuit

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September 30, 2016

Click here to view the memorandum disposition.

U.S. Chamber urges CA9 to reject consumer class action involving flawed damages model

June 03, 2015

In its brief, the U.S. Chamber urged the Ninth Circuit to affirm a district court order decertifying a class of consumers whose claims are based on a flawed calculation of damages.

The Chamber argued that, under the Supreme Court’s holding in Comcast Corp. v. Behrend, plaintiffs must show that they can isolate the specific damages—in this case restitution—flowing from their theory of liability for all class members. Additionally, the district court properly rejected plaintiffs’ effort to avoid Comcast by seeking disgorgement of profits under an unjust enrichment theory instead of restitution damages.

Jeremy B. Rosen and Lisa M. Freeman of Horvitz & Levy LLP represented the U.S. Chamber of Commerce as counsel to the U.S. Chamber Litigation Center in this case.

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