“A Pyrrhic Victory for Class Action Defendants,” Daily Journal

In an article for the Daily Journal, Partner Alexander M. Smith analyzes the aggregate statutory damages in the Montera v. Premier Nutrition Corporation case where the plaintiff sought $91 million in statutory damages under New York law, even though the jury had determined that the class had suffered less than $1.5 million in actual damages. In the end, the Montera court awarded the class only $8.312 million in statutory damages.

In the article he writes, “many aspects of the court’s ruling—including its decision to calculate statutory damages on a per-product basis and its decision to award statutory damages well in excess of actual damages—illustrate that defendants continue to face a very real threat from aggregate statutory damages.”

“By reducing the damages award on due process grounds, the court made clear—despite the plaintiff’s insistence to the contrary—that the award of aggregate statutory damages under Sections 349 and 350 is not automatic,” he says.

Mr. Smith is a member of the firm’s Consumer Law and Class Action Practices. He has extensive experience navigating consumer class actions through all stages of litigation.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

“A Pyrrhic Victory for Class Action Defendants,” Daily Journal

In an article for the Daily Journal, Partner Alexander M. Smith analyzes the aggregate statutory damages in the Montera v. Premier Nutrition Corporation case where the plaintiff sought $91 million in statutory damages under New York law, even though the jury had determined that the class had suffered less than $1.5 million in actual damages. In the end, the Montera court awarded the class only $8.312 million in statutory damages.

In the article he writes, “many aspects of the court’s ruling—including its decision to calculate statutory damages on a per-product basis and its decision to award statutory damages well in excess of actual damages—illustrate that defendants continue to face a very real threat from aggregate statutory damages.”

“By reducing the damages award on due process grounds, the court made clear—despite the plaintiff’s insistence to the contrary—that the award of aggregate statutory damages under Sections 349 and 350 is not automatic,” he says.

Mr. Smith is a member of the firm’s Consumer Law and Class Action Practices. He has extensive experience navigating consumer class actions through all stages of litigation.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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