The court granted the defendants’ motion for summary judgment in this consumer fraud class action.
Retained by Kirkland & Ellis
Plaintiffs alleged that consumers were misled by a label attached to certain Polaris utility terrain vehicles. Counsel for Polaris retained Cornerstone Research to support Professor Ashley Langer of the University of Arizona and Professor Dominique Hanssens of the University of California, Los Angeles. Professor Langer performed economic analyses of the plaintiffs’ claims and evaluated their experts’ proposed damages methodology. Professor Hanssens applied a marketing science framework to determine whether the alleged misrepresentation had an effect on consumers’ purchase decisions.
Professor Langer used an economic framework to evaluate plaintiffs’ claim of classwide economic injury.
Professor Langer used an economic framework to evaluate plaintiffs’ claim of classwide economic injury. She analyzed market data on utility terrain vehicles and determined that the alleged misrepresentation did not impact the prices of the at-issue vehicles. She also opined that the plaintiffs’ experts did not offer a valid methodology of estimating economic damages, if any, to proposed class members.
Professor Hanssens performed a content analysis of customer-generated online content and relevant company and dealership marketing materials.
Professor Hanssens performed a content analysis of customer-generated online content and relevant company and dealership marketing materials. He also designed and implemented two consumer surveys to determine whether the alleged misrepresentation had an effect on consumers’ purchase decisions. Professor Hanssens concluded that the alleged misrepresentation was not relied upon by proposed class members in their purchase decisions.
A U.S. district judge for the Central District of California granted the defendants’ motion for summary judgment.