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ARTICLE · 07 AUGUST 2014

The Rise Of Smaller Class Actions

On July 22, 2014, NERA Economic Consulting published a study of consumer class action settlements between 2010 and 2013.

United StatesLitigation, Mediation & Arbitration

On July 22, 2014, NERA Economic Consulting (NERA) published a study of consumer class action settlements between 2010 and 2013.  The report states that NERA's data "show a steady increase in consumer class action settlements from 2010–2013."  NERA found that 66 class actions were settled in 2010, 111 were settled in 2011, 141 were settled in 2012 and 161 were settled in 2013.  In other words, nearly 100 more class actions were settled in 2013 than were settled just three years prior.

At the same time, however, NERA also concluded that the aggregate amounts paid by settling defendants in each year only exhibited a "gradually increasing trend" when two large, outlier settlements are excluded.  (These two outlier settlements are a $7.25 billion settlement of antitrust claims alleging that merchants paid excessive interchange fees for accepting Visa/MasterCard and a $1.6 billion settlement of claims alleging that Toyota vehicles experienced sudden,

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