D. Is There a Dispute About Whether the Plaintiff Is Entitled to All the Damages?

E. Are the Defendants Disputing the Apportionment of Damages Among Themselves?

1. Are the defendants disputing apportionment among themselves despite full information about their roles in the harmful event?

2. Are the defendants disputing the apportionment because the wrongdoer is unknown?

F. Is There Disagreement About the Role of Subsequent Unexpected Events?

 IX. Data Used to Measure Damages

A. Types of Data

1. Electronic data

2. Paper data

3. Sampling data

4. Survey data

B. Are the Parties Disputing the Validity of the Data?

1. Criteria for determining validity of data

2. Quantitative methods for validation

C. Are the Parties Disputing the Handling of Missing Data?

  X. Standards for Disclosing Data to Opposing Parties

A. Use of Formats

B. Data Dictionaries

C. Resolution of Problems

D. Special Masters and Neutral Experts

 XI. Damages in Class Actions

A. Class Certification

B. Classwide Damages

C. Damages of Individual Class Members

D. Have the Defendant and the Class’s Counsel Proposed a Fair Settlement?

XII. Illustrations of General Principles

A. Claim for Lost Personal Income

1. Is there a dispute about projected earnings but for the harmful event?

2. Are the parties disputing the valuation of benefits?

3. Is there disagreement about how earnings should be discounted to present value?

4. Is there disagreement about subsequent unexpected events?

5. Is there disagreement about retirement and mortality?

6. Is there a dispute about mitigation?

7. Is there disagreement about how the plaintiff’s career path should be projected?



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