Dukes v Wal-Mart, Class Certification

U.S. Supreme Court Emphasizes Importance of Common Issues in Class Actions

by Mira Serrill-Robins | Proskauer - California Employment Law on 4/10/2013

Over the past two weeks, the United States Supreme Court has repeatedly underscored the importance of having common questions that are susceptible to common answers in cases where plaintiffs are seeking class certification....more

Big Developments in Class Actions Part 1: a “rigorous analysis” of Comcast Corp. v. Behrend

by Adam Dougherty | Winstead PC on 4/9/2013

In a very pro-employer/business opinion crafted by Justice Scalia, the U.S. Supreme Court rejected class certification for 2 million Comcast subscribers in an antitrust class action in Comcast Corp. v. Behrend, 516 U.S. ___...more

Supreme Court Holds Damages Must be Measurable on a Classwide Basis for Class Certification

by Erik Hult | Littler on 4/4/2013

In a significant class action decision for employers, Comcast Corp. et al v. Behrend et al, No. 11-864 (March 27, 2013), the U.S. Supreme Court held that the ability to establish classwide damages is essential to a favorable...more

Plaintiffs' Bar is Whistling Past the Graveyard on Comcast

by Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 4/3/2013

As many readers of this blog know by now, last week the Supreme Court issued yet another anti-class certification decision in Comcast Corp. v. Behrend (“Comcast”). While the full scope and meaning of the Court’s holding is...more

Put up your Dukes! Supreme Court Clarifies that Damages Must be Capable of Class Wide Resolution in Rule 23(b)(3) Class Actions...

by Chris Brown, Byron Lau, Gary Siniscalco | Orrick - Global Employment Law Group on 4/3/2013

The United States Supreme Court’s recent ruling in Comcast Corp. v. Behrend, Case No. 11-864 (March 27, 2013) reinforces class certification requirements as spelled out in Wal-Mart v. Dukes. However, the closely divided court...more

Class Action Alert: Recent Developments Favorable for Employers

by Bradford G. Harvey, Jennifer W. Terry | Miller & Martin PLLC on 4/2/2013

Individualized Proof of Damages Can Block Class Certification Under Rule 23(b)(3) - The United States Supreme Court in Comcast v. Behrend continued its trend of disfavoring class certification of cases involving...more

Supreme Court Directs Trial Courts To Look At The Merits In Determining Whether To Certify A Class

by Michael Newman | Barger & Wolen on 4/2/2013

Comcast v Behrend is the latest in a series of United States Supreme Court cases in recent years that have restricted the ability of plaintiffs to certify federal class actions. In so doing, it has expanded the scope of the...more

Comcast Corp. v. Behrend: Even More Than Meets the Eye?

by Kirk Jenkins | Sedgwick LLP on 4/2/2013

On Wednesday, the United States Supreme Court handed down its opinion in another of this term’s major class action cases. Following on the heels of Standard Fire Insurance Co. v. Knowles, where the Court closed a loophole...more

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes' Standards for Class Certification but Leaves the...

by Casie Collignon, Dustin Dow, Rodger Eckelberry, Danyll Foix, John Lewis, Patrick Lewis | BakerHostetler on 4/2/2013

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which provides a valuable tool for the defense in combatting class certification in antitrust cases and other types of class...more

"Supreme Court Vacates No-Injury Consumer Class Action"

by John Beisner, Jessica Miller, Geoffrey Wyatt | Skadden, Arps, Slate, Meagher & Flom LLP on 4/2/2013

Earlier today, the U.S. Supreme Court summarily vacated and remanded the Sixth Circuit’s decision in Whirlpool Corp. v. Glazer, 678 F.3d 409 (6th Cir. 2012), for further consideration in light of Comcast Corp. v. Behrend, No....more

U.S. Supreme Court Throws Into Question Proof Of Damages Requirements For Class Certification

by Shylah R. Alfonso, Jacqueline Young | Perkins Coie on 4/1/2013

On March 27, 2013, the U.S. Supreme Court issued its decision in Comcast Corp. v. Behrend, 569 U.S. ___, No. 11-864, 2013 WL 1222646 (Mar. 27, 2013). In a 5-4 decision, the Court reemphasized its recent precedent in Wal-Mart...more

Supreme Court Requires Proof at Certification Stage that Damages Can Be Measured on Class-Wide Basis

by Lindsay Breedlove, Leslie John, Jason Leckerman | Ballard Spahr LLP on 4/1/2013

In a 5-4 decision, the Supreme Court decided earlier this week that putative class plaintiffs could not bring a class action antitrust lawsuit unless they could show that their damages could be measured on a class-wide basis....more

Cables Sliced on Class Action in Comcast Corp. v. Behrend

by Carolyn Budzinski, Christine Levin | Dechert LLP on 3/29/2013

Key Points - - Comcast Corp. v. Behrend clarifies that the Court's 2011 decision in Wal-Mart v. Dukes, which requires an inquiry into the merits to the extent necessary to resolve Rule 23 issues, extends to antitrust...more

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

by Jacob Harper, Rebekah Kaufman | Morrison & Foerster LLP on 3/29/2013

Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court answered a looming class certification question left open by Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011): whether a putative class action...more

Comcast Corp. v. Behrend: Supreme Court Reinforces Dukes -- Holds that Class Certification Requires Merits Assessment of Damages...

by James Boddy, Jacob Harper | Morrison & Foerster LLP on 3/29/2013

Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court strongly reinforced its earlier decision in Wal Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011) that courts must undertake a “rigorous analysis” to...more

U.S. Supreme Court Rejects Class Certification in Comcast v. Behrend

by Joseph Fay, Thomas Linthorst, Christopher Mannion, Lauren Palmero, Thomas Sullivan, Joyce Taber | Morgan Lewis on 3/29/2013

High Court's decision provides companies with a significant and rational defense to class certification in antitrust and other damages class actions. ...more

Surveying the Damages: Comcast Opinion Extends Wal-Mart v. Dukes' Standards for Class Certification

by Dustin Dow, John Lewis | BakerHostetler on 3/29/2013

In the latest class action case before the U.S. Supreme Court, a majority of the Court extended the Wal-Mart v. Dukes analysis to damages and held: proposed damages must be measurable on a classwide basis. ...more

Comcast v. Behrend: Supreme Court Tightens Certification Requirements, But Leaves Standard For Expert Evidence Uncertain

by Patrick Lewis | BakerHostetler on 3/29/2013

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which tightened class certification requirements in two respects. First, Behrend requires plaintiffs to show a method by which...more

Supreme Court Raises The Bar For Class Actions

by Fisher & Phillips LLP on 3/28/2013

Today the U.S. Supreme Court rendered a pivotal decision, holding that as a prerequisite for certification of a class action, a plaintiff must introduce admissible evidence to show that the case is susceptible to awarding...more

"Supreme Court Reverses Massive Antitrust Class Action Against Comcast"

by Brian Baggetta, John Beisner, Jessica Miller, Michael Scudder | Skadden, Arps, Slate, Meagher & Flom LLP on 3/28/2013

On March 27, 2013, the U.S. Supreme Court, by a vote of 5-4, reversed a sprawling class action encompassing more than 2 million current and former Comcast subscribers who alleged violations of federal antitrust laws. See...more

Ninth Circuit Holds Dukes v. Wal-Mart Certification Requirements Apply To Small Class Actions And In The Wage And Hour Context

by Jeffrey Hollingsworth, Jenica D. Mariani, Michael Young | Perkins Coie on 3/8/2013

On Tuesday, on remand from the U.S. Supreme Court, the Ninth Circuit held that the certification requirements set forth by the U.S. Supreme Court for a multimillion plaintiff gender discrimination class action in Dukes v....more

9th Circuit Applies Dukes v. Wal-Mart to a Wage/Hour Class Action

by Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 3/7/2013

On March 4, 2013 the Ninth Circuit issued a second opinion in the action, Wang v. Chinese Daily News (Wang II), in which it reversed the class certification it had previously affirmed and remanded the matter for further...more

Did You Know…Class Certification Denied In Wang v. Chinese Daily News

by Veronica Gray | Nossaman LLP on 3/7/2013

In Wang v. Chinese Daily News, the Ninth Circuit reversed the class certification it had previously affirmed and remanded the matter for further consideration of Rule 23(a) commonality and Rule 23(b)(3) predominance. ...more

Wang v. Chinese Daily News: the Ninth Circuit Takes A Step

by Mark Batten | Proskauer - Class & Collective Actions on 3/6/2013

We’ve been watching the stuttering progress of Wang v. Chinese Daily News for some time. The plaintiffs brought a wide range of claims, alleging denial of overtime, meal breaks, wage statements, and timely pay after...more

Sixth Circuit Further Defines Requirements of Commonality Under Dukes; Distinguishes Seventh Circuit Case Relaxing Those...

by Elizabeth Braverman, Rodger Eckelberry | BakerHostetler on 2/21/2013

In a recent case, Miller v. Countrywide Bank (In re Countrywide Financial Corp. Mortgage Lending Practices Litigation), — F.3d —, No. 12-5250, 2013 U.S. App. LEXIS 924 (6th Cir. Jan. 15, 2013), the Sixth Circuit provided more...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Dukes v Wal-Mart › Class Certification