More Relief For Business: U.S. Supreme Court Continues To Restrict Far-Reaching Claims

In This Issue:

- Comcast Corp v. Behrand

- Take-Away from Comcast Corp v. Behrand

- Standard Fire Insurance Co. v. Knowles

- Take-Away from Standard Fire Insurance Co. v. Knowles Amgen Inc. v.

- Connecticut Retirement Plans & Trust Funds

- Take-Away from Amgen Inc. v. Connecticut Retirement Plans & Trust Funds

- Oxford Health Plans LLC v. Sutter

- Take-Away from Oxford Health Plans LLC v. Sutter

- American Express Co. v. Italian Colors Restaurant

- Take-Away American Express Co. v. Italian Colors Restaurant

- A Case for Next Term

- Conclusion

- Excerpt from Comcast Corp v. Behrand:

In Comcast, cable television subscribers filed a class action antitrust suit against Comcast, alleging that the company had unlawfully swapped territory with other cable companies to gain market power and raise prices. The plaintiffs sought to certify a class of more than two million current and former Comcast subscribers under Rule 23(b) (3), which allows certification if “the court finds that the questions of law or fact common to class members predominate over any questions affecting only individual members.” To meet this predominance requirement, plaintiffs had to show that: (1) the existence of individual injury resulting from the alleged antitrust violation was “capable of proof at trial through evidence that [was] common to the class rather than individual to its members,” and (2) the damages resulting from that injury were measurable “on a class-wide basis” through use of a “common methodology.”

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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