John M. Dewey, et al. v. Volkswagen of America, et al.
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In June 2010, Compass Lexecon expert Janusz Ordover testified at deposition on behalf of Volkswagen and Audi on the appropriate valuation of a class action settlement involving alleged defects that led to water ingress in certain vehicles. Professor Ordover testified that plaintiffs’ expert overstated the settlement’s benefits to class members by double-counting the cost of Volkwagen’s and Audi’s repair of vehicles pursuant to the settlement and avoided future costs to class members as a result of the repairs. In a written opinion, Judge Patty Schwartz of the United State District Court of the District of New Jersey agreed, concluding that plaintiffs’ experts’ valuation included double-counting, among other errors, and dramatically reduced the estimated benefits from the settlement. Compass Lexecon worked with Jeffrey Chase and Daniel Gsovski of Herzfeld & Rubin P.C. Bradley Reiff and Wendy Petropoulos of Compass Lexecon’s Chicago office worked with Professor Ordover.