Comcast Corp. v. Behrend

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 on a class-wide basis.  And the question in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds is whether in a securities fraud case materiality must be established at the class-certification stage to obtain the crucial presumption of reliance. My colleague Archis Parasharami and I
Continue Reading Supreme Court Roundup: The Oral Arguments in Comcast and Amgen

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 witness’s testimony that the case can be tried on a class-wide basis passes muster under Daubert, the standard for admissibility at trial.
Continue Reading Comcast Corp. v. Behrend: Upcoming Supreme Court Case Is Critical to Antitrust Class Actions

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 see our previous report for more information about the case.

Soon after certiorari was granted, the plaintiffs sought to derail Supreme Court review, arguing that the parties had reached an enforceable settlement before the Supreme Court had granted certiorari by signing a “terms
Continue Reading Comcast v. Behrend Remains Live: District Court Thwarts Plaintiffs’ Effort To Moot Case By Invoking Unconsummated Settlement

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. Conn. Retirement Plans.

Although the National Law Journal article is behind a paywall, my blog co-editor Archis Parasharami is quoted—which alone is enough to make a subscription worthwhile. And the Forbes piece quotes my colleague Dan Himmelfarb.  Happy reading!
Continue Reading National Law Journal and Forbes Highlight Supreme Court’s Focus on Class Actions in Upcoming Term