Erica K. Drew

About Erica K. Drew

Erica Drew is a Products Liability associate residing in our Indianapolis, Indiana, office. She defends pharmaceutical and medical device companies against claims involving allegations of strict liability, negligence, failure to warn or consumer protection act violations. Visit Erica’s full bio on the Faegre Drinker website.

New Jersey Supreme Court Pumps the Brakes on Use of Aggregate Proof of Damages in Kia Class Action

In Little v. Kia Motors America, Inc., docket no. A-24-18, the New Jersey Supreme Court recently set out the examination New Jersey courts must undertake before admitting aggregate proof of damages, rather than individualized proof, in a class action. Siding with defendant Kia in a vehicle defect suit, the Court ruled that admission of aggregate proof of damages at trial was inappropriate because an unknown number of class members would have received a windfall, and the formula used to estimate such damages was unreliable. This case reviews the key principles courts and litigants should consider when choosing between individualized or aggregate proof of damages in a class action.

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