Supreme Court Raises Bar for Class Certification
In Comcast Corporation, et al. v. Behrend, the US Supreme Court reversed two lower courts in concluding that the Plaintiffs failed to satisfy Rule 23(b)(3) because their expert’s report did not...
View ArticleSupreme Court Rules That District Court Must Rigorously Review Plaintiffs’...
The Supreme Court this week in Comcast Corp. v. Behrend forcefully reiterated that Rule 23(b)(3) requires the district court to engage in rigorous review to ensure that damages are capable of...
View ArticleBehrend and Amgen: The Supreme Court Sends Mixed Signals About Reaching the...
The U.S. Supreme Court has sent mixed signals this term regarding when courts can address merits issues at the class certification stage. On March 27, 2013, in Comcast Corp. v. Behrend, the Court...
View ArticleCommon and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes'...
On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which provides a valuable tool for the defense in combatting class certification in antitrust cases and...
View ArticleSupreme Court Comcast Decision Makes Antitrust Class Action Certification...
The Supreme Court’s decision in Comcast Corporation v. Behrend, an antitrust case involving a class of more than two million current and former cable television subscribers in the Philadelphia area,...
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