Courts Remain Divided on Conjoint Analysis for Damages in Automotive Defect Lawsuits

In a climate of increasing vehicle recalls and lawsuits related to automotive defects, plaintiffs are increasingly leaning on choice-based conjoint analysis to determine damages. A close examination of federal district court rulings indicates divergent opinions on the credibility and reliability of this modern methodology. This topic has garnered significant legal attention, underscored by Tesla Inc.’s recall of 1.8 million vehicles due to “unintended hood opening events,” as reported on Law360. Analysis by Joshua Hochberg and Shireen Meer at Berkeley Research reveals that there is no consensus among courts regarding this damages analysis approach, signifying ongoing legal debates and uncertainties in automotive suits.