Role of Regulatory Risk Assessment in Class Actions

March 4, 2009
12:00 pm EST

Plaintiffs in complex tort cases often rely upon regulatory levels or levels derived by their own experts’ “risk assessment” in efforts to obtain class certification or prove causation.  This raises the question: Do regulatory risk assessments have a legitimate role in determining causation for personal injury or medical monitoring?  The right answer is no. 

Steptoe & Johnson LLP recently defeated class certification for medical monitoring in multiple high-profile cases involving alleged water contamination, resulting in well-reasoned decisions from federal courts in West Virginia and New Jersey that cast serious doubt on plaintiffs’ continuing ability to rely upon risk assessment as a basis for class certification or as proof of causation. 

Please join us for a webinar presentation on Wednesday, March 4, 2009 at 12:00 p.m. EST for a complimentary informative session on the role of risk assessment in complex tort litigation presented by Jennifer Quinn-Barabanov and Libretta Stennes, and moderated by Seth Goldberg.  This webinar will review the state of the law on the use of risk assessment as proof of causation in class actions and individual claims.  We will also discuss strategies for discovery and expert development to maximize the chances of successfully defeating class certification or obtaining summary judgment.