Tag Archives: Comcast Corp. v. Behrend

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

By Archis A. Parasharami and Kevin Ranlett on March 27, 2013 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

By Joshua Yount on December 6, 2012 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

By Kevin Ranlett and Michael Kimberly on November 2, 2012 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

By Archis A. Parasharami on October 3, 2012 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

By Kevin Ranlett on October 1, 2012 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