Compass Lexecon expert Joseph Kalt, supported by Eric Henson and a team in Cambridge, MA, were retained by attorneys for defendants Columbia Gas Transmission Corp., Dynegy Inc., Virginia Electric and Power Company, and El Paso Merchant Energy LP. Plaintiffs alleged that they and other proposed class members were harmed because Columbia Gas Transmission provided its own marketing affiliate and other defendants with preferential access to pipeline services. Professor Kalt testified that plaintiffs’ claims were not susceptible to class-wide treatment and that injury to proposed class members could not be established without individualized inquiry. Judge Robert C. Chambers agreed, concluding that “To decide liability, individual inquiries would dominate the case,” and denied class certification. Individual plaintiffs continued to press discrete claims of harm against Colombia Gas Transmission and others. Professor Kalt provided additional testimony rebutting the plaintiffs’ expert’s testimony regarding adverse impact to the individual shippers who brought the suits. The litigation was resolved favorably for our clients. We worked with several members of the defendants’ legal teams including Hamilton Loeb of Paul, Hastings, Janofsky & Walker LLP, Richard “Ky” Owen of Goodwin & Goodwin, LLP, Roxane Polidora of Pillsbury Winthrop Shaw Pittman LLP, Howard Feller of McGuireWoods LLP, and Murray Fogler of Beck Redden & Secrest, LLP.