Laundry and Cable Television: How the Seventh Circuit Preserved Consumer Protection Class Action Litigation from Washing Down the Tubes

Class actions are an essential tool for plaintiffs seeking relief from relatively minor harms. In recent years, the Supreme Court has handed down a collection of rulings that seem to have created additional hurdles––or heightened those already in place––to obtaining class certification under Federal Rule of Civil Procedure Rule 23. One such ruling, Comcast v. Behrend, seemed to have enhanced the predominance requirement and thus raised speculation from various commentators about the ability of plaintiffs to bring class actions where resolution of liability and damages questions are raised for the entire class. The Seventh Circuit, in Butler v. Sears, Roebuck and Company, upheld class certification for two subclasses seeking damages for various mechanical issues with Sears-manufactured washing machines. In doing so, the court confirmed that the commentator\u27s concerns about the possible far-reaching implications are misplaced. The Comcast Court ruled that where a class seeks a classwide award of damages, the damages sought must be susceptible to classwide determination. The Seventh Circuit, on remand from the Supreme Court, held that the issues considered in Comcast are inapplicable where plaintiffs only seek determination of liability, and not damages, on a classwide basis. The court pointed to Rule 23(c)(4), which explicitly permits bifurcation of litigation as a quasi-end-run around the limitations the Comcast Court seemingly created. The Seventh Circuit\u27s reasoning is best understood through two additional cases, Ira Holtzman, CPA v. Turza, and Parko v. Shell Oil. These cases help define the court\u27s predominance jurisprudence and direct district courts, who are similarly in lock-step, in their predominance determinations. Commentator\u27s worries, therefore, are unfounded. The Seventh Circuit, in unison with those circuits who have ruled on the issue, appropriately limited Comcast\u27s reach to cases where (1) plaintiffs seek classwide determination of damages, rather than bifurcating their suits under 23(c)(4) or (2) fail to present a damages model that is consistent with the injuries alleged. As Justice Ginsburg noted in dissent the opinion broke no new ground on the standard for certifying a class action under Rule 23(b)(3)

Do promotions benefit manufacturers, retailers or both ?.

While there has been strong managerial and academic interest in price promotions, much of the focus has been on the impact of such promotions on category sales, brand sales and brand choice. In contrast, little is known about the long-run impact of price promotions on manufacturer and retailer revenues and margins, although both marketing researchers and practitioners consider this a priority area (Marketing Science Institute 2000). Do promotions generate additional revenue and for whom? Which brand, category and market conditions influence promotional benefits and their allocation across manufacturers and retailers?To answer these questions, we conduct a large-scale econometric investigation of the effects of price promotions on manufacturer revenues, retailer revenues and margins. This investigation proceeds in two steps. First, persistence modeling reveals the short- and long-run effects of price promotions on these performance measures. Second, weighted least-squares analysis shows to what extent brand and promotion policies, as well as market-structure and category characteristics, influence promotional impact. A first major finding of our paper is that price promotions do not have permanent monetary effects for either party. Second, in terms of the cumulative, over-time, promotional impact on their revenues, we find significant differences between the manufacturer and retailer. Price promotions have a predominantly positive impact on manufacturer revenues, but their effects on retailer revenues are mixed. Retailer (category) margins, in contrast, are typically reduced by price promotions. Even when accounting for cross-category and store-traffic effects, we still find evidence that price promotions are typically not beneficial to the retailer. Third, our results indicate that manufacturer revenue elasticities are higher for promotions of small-share brands and for frequently promoted brands. Moreover, they are higher for storable products and lower in categories with a high degree of brand proliferation. Retailer revenue elasticities, in turn, are higher for brands with frequent and shallow promotions, for storable products and in categories with a low extent of brand proliferation. As such, from a revenue-generating point of view, manufacturer and retailer interests are often aligned in terms of which categories and brands to promote. Finally, retailer margin elasticities are higher for promotions of small-share brands and for brands with infrequent and shallow promotions. Thus, the implications with respect to the frequency of promotions depend upon the performance measure the retailer chooses to emphasize. The paper discusses the managerial implications of our results for both manufacturers and retailers and suggests various avenues for future research.

Pairing-excitation versus intruder states in 68Ni and 90Zr

A discussion on the nature of the 0+ states in 68Ni (Z=28, N=40) is presented and a comparison is made with its valence counterpart 90Zr (Z=40, N=50). Evidence is given for a 0+ proton intruder state at only ~2.2 MeV excitation energy in 68Ni, while the analogous neutron intruder states in 90Zr reside at 4126 keV and 5441 keV. The application of a shell-model description of 0+ intruder states reveals that many pair-scattered neutrons across N=40 have to be involved to explain the low excitation energy of the proton-intruder configuration in 68Ni.Comment: 10 pages, 2 figures, 1 tabl

Methodology of the biological risk classification of animal pathogens in Belgium

The biological hazards posed by micro-organisms have lead to their categorisation into risk groups and the elaboration of classification lists. Current classification systems rely on criteria defined by the World Health Organization, which cover the severity of the disease the micro-organism might cause, its ability to spread and the availability of prophylaxis or efficient treatment. Animal pathogens are classified according to the definitions of the World Organization of Animal Health, which also consider economic aspects of disease. In Europe, classification is often directly linked to containment measures. The Belgian classification system however, only considers the inherent characteristics of the micro-organism, not its use, making the risk classification independent of containment measures. A common classification list for human and animal pathogens has been developed in Belgium using as comprehensive an approach as possible. Evolution of scientific knowledge will demand regular updating of classification lists. This paper describes the Belgian risk classification system and the methodology that was used for its peer-reviewed revision (with a focus on animal pathogens)

A linked-data paradigm for the integration of static and dynamic building data in digital twins

Digital Twins is an emerging field of research, mainly because they span the entire building lifecycle promising to uncover hidden inefficiencies and deliver data-driven applications. Broadly defined as real-time digital representations of physical assets, Digital Twins require a connection between static and real-time data. However, building information is usually stored in different formats across the lifecycle, making data integration a challenging task. We hereby often rely on linked data technologies, yet overall system integration approaches with multiple types of data sources. In this work, a data linking methodology is proposed to combine static building design data from Industry Foundation Classes (IFC) and dynamic data using the Brick Schema; a domain ontology which configures data analytics applications during the operational phase. To facilitate this integration, we develop a tool to facilitate the linking of building topology, product, and sensor data using the two schemata. The implementation of our methodology in a real test case demonstrates its significance in combining diverse data sources which can be an important step for the delivery of Digital Twin applications

Successful Treatment of Early Endometrial Carcinoma by Local Delivery of Levonorgestrel: A Case Report

We describe a case of a 67-year-old Caucasian woman with an early, moderately-differentiated adenocarcinoma of the endometrium. A levonorgestrel-releasing intrauterine system was inserted, which she tolerated well. A full D&C, following removal of the device, was performed after 9 months, confirming absence of tumoral tissue. Examination after 24 months showed a very thin endometrium, indicating complete remission

In-gas-cell laser ionization spectroscopy in the vicinity of 100Sn: Magnetic moments and mean-square charge radii of N=50-54 Ag

In-gas-cell laser ionization spectroscopy studies on the neutron deficient 97-101Ag isotopes have been performed with the LISOL setup. Magnetic dipole moments and mean-square charge radii have been determined for the first time with the exception of 101Ag, which was found in good agreement with previous experimental values. The reported results allow tentatively assigning the spin of 97,99Ag to 9/2 and confirming the presence of an isomeric state in these two isotopes, whose collapsed hyperfine structure suggests a spin of 1/2 . The effect of the N=50 shell closure is not only manifested in the magnetic moments but also in the evolution of the mean-square charge radii of the isotopes investigated, in accordance with the spherical droplet model predictions

Area and individual differences in personal crime victimization incidence: The role of individual, lifestyle/routine activities and contextual predictors

This article examines how personal crime differences between areas and between individuals are predicted by area and population heterogeneity and their synergies. It draws on lifestyle/routine activities and social disorganization theories to model the number of personal victimization incidents over individuals including routine activities and area characteristics, respectively, as well as their (cross-cluster) interactions. The methodology employs multilevel or hierarchical negative binomial regression with extra binomial variation using data from the British Crime Survey and the UK Census. Personal crime rates differ substantially across areas, reflecting to a large degree the clustering of individuals with measured vulnerability factors in the same areas. Most factors suggested by theory and previous research are conducive to frequent personal victimization except the following new results. Pensioners living alone in densely populated areas face disproportionally high numbers of personal crimes. Frequent club and pub visits are associated with more personal crimes only for males and adults living with young children, respectively. Ethnic minority individuals experience fewer personal crimes than whites. The findings suggest integrating social disorganization and lifestyle theories and prioritizing resources to the most vulnerable, rather than all, residents of poor and densely populated areas to prevent personal crimes