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Tag Archives: Comcast Corp. v. Behrend

Two Washer Cases Provide the Supreme Court with Its Best Opportunity Since Wal-Mart v. Dukes to Make Sense of Class-Certification Standards

Posted in Class Certification, Commonality, Predominance, U.S. Supreme Court

At its conference on January 10, the Supreme Court can get serious about fixing consumer class actions. The Justices should take up that challenge, because it will consider two certiorari petitions that seek review of class certifications—involving alleged “moldy odors” in high-tech front loading washing machines—that are prime examples of what has gone wrong with… Continue Reading

O Canada: New Ground Rules For Class Certification in Antitrust Cases North Of The Border

Posted in Antitrust, Ascertainability, Class Certification

While the U.S. Supreme Court and federal courts of appeals have in recent years demanded rigorous scrutiny before authorizing certification of class actions, the Supreme Court of Canada has charted a different course. In a trio of recent decisions in antitrust class actions, Canada’s high court rejected key U.S. precedents on the scope and nature… Continue Reading

Mayer Brown Files Cert Petitions In Front-Loading Washer Cases

Posted in Class Certification, Predominance, U.S. Supreme Court

Today, Mayer Brown filed a pair of certiorari petitions that challenge efforts by two federal appellate courts to narrow the Supreme Court’s recent class-action decisions in Comcast Corp. v. Behrend and Wal-Mart Stores, Inc. v. Dukes to tickets good for a single ride only. The Supreme Court previously remanded both cases for reconsideration after Comcast,… Continue Reading

D.C. Circuit Overturns Certification of Antitrust Class Action and Requires Reconsideration in Light of Comcast Corp. v. Behrend

Posted in Class Certification, Predominance

Class-action lawyers on both sides of the “v.” have been debating the impact of the Supreme Court’s decision earlier this year in Comcast Corp. v. Behrend. Last week, the D.C. Circuit delivered its answer in In re Rail Freight Fuel Surcharge Antitrust Litigation, the most significant opinion thus far to address Comcast. As the D.C…. Continue Reading

What Does Comcast Corp. v. Behrend Mean For Class Action Defendants?

Posted in Antitrust, Class Certification, U.S. Supreme Court

When the Comcast Corp. v. Behrend decision came down, my colleagues summarized the Supreme Court’s ruling.  Since then, I’ve put together an analysis of the decision and its potential implications.  Lexis has now published the piece as a part of its ongoing Emerging Issues Analysis series.  It is available here:  2013 Emerging Issues 6992 ($)…. Continue Reading

Supreme Court Reverses Certification of Antitrust Class Action Where Class Failed To Prove That Damages Could Be Determined On A Classwide Basis

Posted in Antitrust, Class Certification, Predominance, U.S. Supreme Court

An important and recurring issue in class actions is whether a district court must consider particular merits issues when deciding whether to certify a class under Federal Rule of Civil Procedure 23. Today, in Comcast Corp. v. Behrend (pdf), No. 11-864, the Supreme Court reversed the certification of an antitrust class action because the district court… Continue Reading

Supreme Court Roundup: The Oral Arguments in Comcast and Amgen

Posted in Class Certification, U.S. Supreme Court

The Supreme Court’s 2012-13 term is shaping up to be an important one for class action law.  Last month, the Court heard argument on the same day in two potentially significant cases. Comcast Corp. v. Behrend concerns whether plaintiffs may obtain class certification without introducing admissible evidence (including expert testimony) that damages can be proven… Continue Reading

Comcast Corp. v. Behrend: Upcoming Supreme Court Case Is Critical to Antitrust Class Actions

Posted in Class Certification, U.S. Supreme Court

Although the class action bar in general is eagerly awaiting the Supreme Court argument in Comcast Corp. v. Behrend (No. 11-864)—which will be argued November 5th—antitrust practitioners in particular have a keen interest in the case. The issue presented is whether a district court may certify a class action without first resolving whether an expert… Continue Reading

Comcast v. Behrend Remains Live: District Court Thwarts Plaintiffs’ Effort To Moot Case By Invoking Unconsummated Settlement

Posted in Class Action Settlements, Class Certification, U.S. Supreme Court

The Supreme Court will be hearing oral arguments in Comcast Corp. v. Behrend, No. 11-864, on November 5. In a nutshell, the issue is whether a federal district court must resolve challenges to an expert witness’s testimony concerning whether damages can be awarded on a class-wide basis before deciding whether to certify a class. Please… Continue Reading

National Law Journal and Forbes Highlight Supreme Court’s Focus on Class Actions in Upcoming Term

Posted in U.S. Supreme Court

Today, Marcia Coyle of the National Law Journal and Daniel Fisher of Forbes each published previews of the just-commenced Supreme Court term that mention the three cases scheduled for argument that involve issues near and dear to the hearts of class-action practitioners: Standard Fire Insurance Co. v. Knowles, Comcast Corp. v. Behrend, and Amgen v…. Continue Reading