Supreme Court Rules Class Certification Requires Evidence of Damages Supported by a Valid Legal Theory

more+
less-

Effectively equates "rigorous analysis" with "merits analysis" -

On March 27, 2013, in Comcast Corp. v. Behrend, the United States Supreme Court reaffirmed that district courts must perform a "rigorous analysis" of whether a putative class meets the predominance requirements of Federal Rule of Civil Procedure 23(b)(3) — even if that entails delving into the merits of the plaintiffs' claims.

The named plaintiffs — and putative class representatives — were subscribers to Comcast's cable-television services. They alleged that Comcast's practice of clustering operations violated antitrust law by creating unlawful monopolies that drove up prices for subscribers in the Philadelphia cluster.

The plaintiffs sought certification under Federal Rule of Civil Procedure 23(b)(3), which requires that "questions of law or fact common to class members predominate over any questions affecting only individual members."

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.


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.

© Jackson Walker | Attorney Advertising

Written by:

more+
less-

Jackson Walker on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×