Comcast requires that a damages model measure only damages attributable to the certified liability theory. Models capturing losses from other causes cannot support certification.
Daubert applies to the model at the certification stage in most circuits.
Alternative Names:
Damages Methodology Challenge|Model Challenge
Why it Matters?
Applying Daubert at certification is available in most circuits and is the most effective route, since excluding the model entirely leaves no classwide damages methodology and defeats predominance. Conjoint analysis and price premium models in consumer cases are the recurring targets, and challenges focus on whether the model isolates the challenged representation's effect from other product attributes. Expert engagement at certification rather than merits is necessary.
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What is the most effective route?
What are the recurring targets?
