Expert witness testimony plays a pivotal role in nearly all putative class action lawsuits, particularly during the class certification phase where such evidence is relied upon to address the requirements of Federal Rule of Civil Procedure 23.
For over two decades, CEG's team of experts has provided opinions and testimony in hundreds of consumer protection cases. CEG’s experts offer strategic insight and provide testimony on multiple aspects of litigation, including numerosity, ascertainability, class member identification and location, adequacy of notice, and settlement administration procedures. CEG’s experts offer impartial testimony, forming independent opinions grounded in data, facts, and evidence. Class certification, in particular, frequently involves a “battle of experts”. Our experts work closely with you to prepare and deliver testimony to reinforce the distinct claims in your case.
CEG's expert witnesses also address opposing reports, present rebuttal opinions, overcome Daubert challenges, provide deposition testimony, and appear at trial. In fact, CEG’s senior expert witness has testified in trials and numerous class certification and other court hearings, bringing extensive cross-examination experience to the proceedings.
Pre-mediation Consultation Mediation preparation involves developing a strategy, setting goals, and understanding the interests and positions of parties. CEG conducts preliminary data analysis based on data produced during initial discovery and provides a basis for our clients to understand the value of the case. This is a critical step for a successful negotiation process.
CEG assists with the equally important step of damages analysis, which includes analysis to support the class definition and determining the types of damages incurred by the proposed class. CEG then helps develop an efficient and effective distribution plan to allocate the damages among class members, often involving a claims process and a proposed formula for fair allocation. CEG reviews proposed settlement terms as they relate to the class notice plan, claims administration and fund distribution and estimates the cost.
Pre-settlement Consultation Once the terms of the settlement are agreed upon, pre-settlement consultation involves discussions and planning to ensure that the settlement process is managed efficiently and effectively. Key aspects of the consultation process include reviewing the draft settlement agreement, establishing a case-specific timeline that accommodates the components proposed under the terms of the settlement, and evaluating notice plan adequacy, claims validation requirements, and settlement fund distribution protocols.
CEG develops methods for identifying, locating, and notifying class members and a detailed notice plan that complies with legal and due process requirements.
CEG’s expert witnesses are neutral, forming independent opinions based on facts and evidence. CEG’s Expert Reports meet Federal Rules of Civil Procedure requirements and contain: (i) a complete statement of all opinions CEG’s expert witnesses express and the basis and reasons for them; (ii) the facts or data considered by CEG’s expert witnesses in forming the opinions; (iii) any exhibits that were used by CEG’s expert witnesses to summarize or support the opinions; (iv) the expert witness' qualifications, including a list of all publications authored in the previous 10 years; (v) a list of all other cases in which, during the previous 4 years, CEG’s expert witnesses testified as an expert at trial or by deposition; and (vi) a statement of the compensation to be paid for the study and testimony in the case.
Representative Cases
Krakauer v. Dish Network, LLC, Civil Action No: 14-cv-333 (M.D.N.C.) The court denied a Daubert challenge. Ms. Verkhovskaya’s expert testimony at a jury trial was pivotal, leading the jury to award damages for each violation she identified. Later, in denying a motion to overturn the jury verdict awarding the class more than $20 million in relief, the court found “Ms. Verkhovskaya provided clear, cogent testimony explaining her methodology and the bases for her opinions.” Damages in the case were trebled to more than $61.5 million, and the award was upheld on appeal.
McMillion v. Rash Curtis & Associates, Case No. 3:16-CV-03396 (N.D.Cal.) Ms. Verkhovskaya used reverse append and other techniques to separate debtors from non-debtors in the defendant’s telephone call data, and to identify telephone calls made to wireless telephone numbers. Ms. Verkhovskaya's expert testimony at a jury trial was pivotal, leading the jury to award damages for each violation she identified. The class was awarded more than $267 million in damages, at the time one of the largest TCPA damages awards ever.
