In re Fisher-Price Rock 'n Play Sleeper Mktg.

In re Fisher-Price Rock 'n Play Sleeper Mktg.

Opinion

ORDER ON MOTION TO EXCLUDE EXPERT WITNESS

(Doc. 168)

This MDL proceeding concerns claims by consumers who purchased the Fisher-Price "Rock 'n Play Sleeper" ("Sleeper") prior to its April 2019 recall by the Consumer Product Safety Commission. Plaintiffs seek a full refund or, in the alternative, a partial refund representing the difference in value between the Sleeper with and without a warning about the risk of infant death or injury. The MDL includes cases arising under consumer protection laws in force in many different states. It is limited to refund claims. It does not cover death or injury claims. Because the financial damage to consumers, even in the event of a full refund, is generally less than $100, Plaintiffs seek class certification and aggregate damage awards under the law of various states. (See Doc. 125-1.)

Factual Background

Plaintiffs have disclosed Colin Weir as an expert economist. (Doc. 125-2.) Mr. Weir holds an undergraduate degree in business from the College of Wooster and an MBA degree from [*8]  Northeastern University. (Id. ¶ 1.) His area of expertise lies in the field of "conjoint analysis." (Id.) Conjoint analysis, derived from "considered jointly," is a statistical survey technique designed to separate out the various elements of perceived value that make up a consumer's decision to purchase a product. Survey respondents are asked a series of questions intended to identify how much more they might be willing to pay for a particular attribute. In the world of marketing and product design, companies have used conjoint techniques for decades to determine which features are most important to customers.

Mr. Weir as well as the two economics experts identified by the defense regularly make use of conjoint analysis in the litigation setting. An example unrelated to this case might be patent litigation in which conjoint techniques may be employed to determine the likely price of a product with and without the infringing feature. See Cameron et al., The Role of Conjoint Surveys in Reasonable Royalty Cases, Law 360 (Oct. 16, 2013), https://wwvv.law360.com/articles/475390/the-role-of-conjoint-surveys-in-reasonable-royalty-cases.

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