Class Action Comcast

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
News & Analysis as of

U.S. Supreme Court Will Not Address Certification Issues Raised by Whirlpool & Related Washing Machine Class Actions

On February 24, 2014, the U.S. Supreme Court denied certiorari in three “moldy” washing machine class actions, which presented questions regarding Fed. R. Civ. P. 23’s commonality and predominance requirements as clarified by...more

"Mass Tort and Consumer Class Action Outlook: A Mixed Landscape for Defendants in 2014"

Recent decisions by the U.S. Supreme Court have improved the landscape for defendants seeking to fend off mass tort and consumer class actions. In Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the Supreme Court tightened...more

Moldy Washing Machines at the Supreme Court: A Platform for Further Development of Rule 23?

Three cases about moldy washing machines currently sit at the U.S. Supreme Court, waiting for their names to be called. The cases are nearly identical consumer products class actions, and they have enormous potential to shape...more

The ERISA Litigation Newsletter - January 2014

This month we look at part three of our three part series on Class Actions. In part three, Robert Rachal and M. Todd Mobley address the role of experts in class certification post Wal-Mart and Comcast and how to use and...more

The ERISA Litigation Newsletter; November 2013

In This Issue: - Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)* - Agencies Release Guidance on HRAs, FSAs, and Employer Payment...more

Cullen v. State Farm - The Ohio Supreme Court Returns to Rule 23 Issues

On November 5, 2013, the Supreme Court of Ohio adopted the class certification principles announced in the U.S. Supreme Court's decisions in Wal-Mart Stores, Inc. v. Dukes and Comcast v. Behrend. In Cullen v. State Farm...more

Ohio Supreme Court Adopts Comcast and Wal-Mart Standards For Class Certification; Reverses Class Certification Due To...

Last week, the Ohio Supreme Court denied class certification in Cullen v. State Farm Mutual Automobile Insurance Company, Slip Opinion No. 2013-Ohio-4733 (Nov. 5 , 2013). In a 5-2 decision, the Court overruled the trial and...more

BakerHostetler Wins A Second Major Victory In The Ohio Supreme Court For Class Action Defendants

On November 5, 2013, BakerHostetler's class action litigation team secured a major victory for Ohio class action defendants when the Supreme Court of Ohio adopted the class certification principles announced in the United...more

The Ebb and Flow of Comcast v. Behrend

The United States Supreme Court’s 5-4 decision in Comcast v. Behrend, 133 U.S. 1426 (2013) has been the subject of much debate and analysis. The defense bar has heralded the opinion as further tightening the reins on class...more

Second Circuit Court of Appeals Will Address Comcast’s Impact on Wage and Hour Class Action Lawsuits

What is the impact of the U.S. Supreme Court’s Comcast decision on wage and hour class action lawsuits? That is the question the Second Circuit Court of Appeals has agreed to hear on appeal....more

Antitrust and Competition Newsletter - October 2013

Top Story - Six Months Since Comcast: What Do Recent Decisions Mean For Antitrust Practitioners? Every antitrust lawyer should be familiar with the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend, 133...more

Posner, Seventh Circuit Narrow Supreme Court’s Holding In Comcast – Certify Butler v. Sears, Roebuck And Co. Class (Again)

Background: Butler v. Sears, Roebuck and Co. is two class action lawsuits rolled into one. The classes have different members and different claims arising from alleged defects in Kenmore-brand Sears washing machines. One...more

Three Point Shot - Summer 2013

With very special thanks to our summer associates Elizabeth Horan (Case Western), Erica Esposito (Harvard), Joshua Espinosa (NYU), Bryce Johnston (Georgetown), Ryan Harris (NYU), and Alex Rosen (Harvard), the Proskauer Sports...more

Corporate and Financial Weekly Digest - July 26, 2013

In this issue: - District Court Rejects Challenge to SEC Conflict Minerals Rule - Mandatory Clearing of iTraxx CDS Indices for Category 2 Entities Began July 25 - CFTC Issues Extension of Time-Limited...more

A Review Of The Supreme Court’s 2012-2013 Term

As the United States Supreme Court’s 2012-2013 term drew to a close at the end of June, commentators observed a continuing gradual but perceptible shift to the right by the Court. The Roberts Court is generally viewed as...more

And the Correct Standard Is … Comcast v. Behrend’s “Clarification” of the Standard for Class Certification

Since the Supreme Court granted certiorari in Comcast v. Behrend, class action watchers eagerly awaited the next installment in the “clarification” of the proper standard for determining when and if class treatment is...more

Federal Court Dismisses Class Action Complaint Based on Pre-Complaint Offer of Settlement

In Datascope Analytics, LLC v. Comcast Cable Communications, Inc., No. 13-608, 2013 U.S. Dist. LEXIS 70215 (E.D. Pa. May 17, 2013), the District Court dismissed a proposed class action at the inception of the lawsuit because...more

"Supreme Court Vacates Another No-Injury Washing Machine Class Action"

Earlier today, the U.S. Supreme Court summarily vacated and remanded the U.S. Court of Appeals for the Seventh Circuit’s decision in Butler v. Sears, Roebuck & Co., 702 F.3d 359 (7th Cir. 2012), for further consideration in...more

U.S. Supreme Court Raises Standards For Class Certification

Class certification is the critical factor in many class actions. It occurs when a court authorizes a putative class representative, usually an individual or a small group, to represent a much larger class of people who have...more

Product Liability Update - April 2013

In This Issue: - United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with...more

The Hard Stop On ‘Adventurous Innovation’ In Class Action Litigation: The United States Supreme Court’s Decision In Comcast v....

Comcast v. Behrend is the latest opinion issued by the U.S. Supreme Court interpreting and applying the procedural rules governing class actions set out in Federal Rule Civil Procedure 23. In order to obtain certification of...more

Comcast v. Behrend: New Opportunities for Class Action Defendants?

The Supreme Court’s recent opinion in Comcast Corp. v. Behrend all but invites defendants to make a number of arguments when attempting to defeat class certification. The Behrend case is therefore the latest move by the U.S....more

Burr Alert: A Look At The Supreme Court’s Recent Decision In Standard Fire v. Knowles And The Trend Of Recent Victories For Class...

On March 19, 2013, the United States Supreme Court issued its decision in Standard Fire Ins. Co. v. Knowles, ____ S. Ct. ____, 2013 WL 1104735. Writing for the unanimous Court, Justice Stephen Breyer wrote that a...more

No April Fools: U.S. Supreme Court Suggests That the Lower Courts Stop Joking Around With Class Action Certification

On April 1, 2013, the U.S. Supreme Court granted certiorari, and then summarily vacated, the Sixth Circuit Court of Appeals’ decision to certify a class composed of purchasers of Whirlpool washing machines (Whirlpool v....more

Supreme Court Raises the Bar to Class Certification

The United States Supreme Court has continued to raise the bar on class certification by requiring that plaintiffs be able to prove damages on a class-wide basis. In Comcast Corporation v. Behrend, a putative class alleged...more

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