Counsel in search of class claims continue to push the envelope of injury, Schell v. Volkswagen et al being an example. Can a vehicle owner who bought and sold their vehicle before becoming aware that an advertised attribute did not exist, actually suffer injury? The 9th Circuit of the U.S. Court of Appeals said "no" in that case because the plaintiff’s evidence could not establish the injury. Whether and when a plaintiff has standing to sue for an "injury" for alleged "premiums" related to vehicle purchases has been a hot topic in recent years, producing a mix of results for defendants. What constitutes a premium and what evidence is needed to prove that the consumer did not get what he or she says they paid for, implicates both legal and expert evidentiary issues which have broad application beyond the auto context. This panel will canvass where the courts are at with this issue and debate what may lie ahead.
