News & Analysis as of

Supreme Court of the United States › Comcast › Comcast v. Behrend

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Foley & Lardner LLP

Northern District of California Decertifies Class Under Comcast Due to Inadequacy of Damages Model

Foley & Lardner LLP on

In Freitas v. Cricket Wireless, LLC, the United States District Court for the Northern District of California recently decertified a class because of a “critical” mistake in Plaintiff’s damages model that rendered it...more

BakerHostetler

Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification

BakerHostetler on

Expert testimony plays a critical role in nearly all putative class actions, including at the class certification stage where parties rely on expert evidence to address the requirements of Federal Rule of Civil Procedure 23....more

Pierce Atwood LLP

Comcast and its Discontents

Pierce Atwood LLP on

Shortly after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion, 563 U.S. 321 (2011), I appeared before a federal district judge on a motion to dismiss...more

Seyfarth Shaw LLP

The Future Of ERISA Litigation — Sleeper Supreme Court Case Worth Watching — Part II

Seyfarth Shaw LLP on

On May 12, 2015, we reported at here on a non-ERISA case accepted for review by the Supreme Court in the 2015-16 Supreme Court Term that has ERISA Litigation implications. Now, as that Term is set to begin on October 5,...more

BakerHostetler

Plaintiffs Fold on Their Full Tilt Poker Actions Following Court’s Rejection of Class Certification and Proposed Settlement

BakerHostetler on

The plaintiffs in three actions against entities and individuals involved in the Full Tilt Poker Internet gambling operation dismissed their claims without prejudice in the U.S. District Court for the Southern District of New...more

Ballard Spahr LLP

Third Circuit Clarifies Article III Standing for Absent Class Members, Impact of Comcast

Ballard Spahr LLP on

In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that...more

Zelle LLP

2 Years After Comcast, Little Has Changed

Zelle LLP on

The U.S. Supreme Court’s March 2013 decision in Comcast was heralded by many as a class certification “game-changer” that raised the bar for plaintiffs seeking class certification in competition and other class cases —...more

Carlton Fields

7th Circuit Vacates Decision Declining To Certify Consumer Class Against Roofing Shingle Manufacturer Based On Incorrect Reading...

Carlton Fields on

The Seventh Circuit Court of Appeals vacated a decision declining to certify a consumer class against IKO Manufacturing, in which the district court wrote that “commonality of damages” is essential, reasoning that the...more

Littler

California Supreme Court Stabilizes the Law in California Misclassification Class Action Cases

Littler on

In a long-awaited decision, the California Supreme Court in Duran v. U.S. Bank National Association, S200923 (May 29, 2014), clarified California's standard for certifying class actions in employee misclassification cases. In...more

Moore & Van Allen PLLC

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

Moore & Van Allen PLLC on

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP on

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

BakerHostetler

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

BakerHostetler on

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

BakerHostetler

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

BakerHostetler on

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

BakerHostetler

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

BakerHostetler on

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

Carlton Fields

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

Carlton Fields on

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

Franczek P.C.

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

Franczek P.C. on

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

Mintz - Employment, Labor & Benefits...

Unpaid Intern Decision May Provide Second Circuit the Opportunity to Clarify its Position on Class Certification in Light of...

Mintz - Employment, Labor & Benefits... on

As we wrote about previously, the legality of unpaid internships is a hot issue this summer, with courts struggling over two issues: (1) whether employers must classify entry-level “interns” as employees under the law, and...more

Skadden, Arps, Slate, Meagher & Flom LLP

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

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Foley Hoag LLP

Product Liability Update - April 2013

Foley Hoag LLP on

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

Proskauer - Employee Benefits & Executive...

View From Proskauer: U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring...

Proskauer - Employee Benefits & Executive... on

The U.S. Supreme Court recently ruled in Comcast Corp. v. Behrend, 2013 WL 1222646 (U.S. Mar. 27, 2013) that, in order to obtain class certification, plaintiffs carry the burden of establishing not only that they have proof...more

Burr & Forman

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

Burr & Forman on

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

McCarter & English, LLP

Supreme Court Raises the Bar to Class Certification

McCarter & English, LLP on

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

Proskauer - California Employment Law

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

Proskauer - California Employment Law on

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

Nossaman LLP

Did You Know…A Sea Change In Class Action Certification

Nossaman LLP on

In Comcast v. Behrend, a class action case involving how much Comcast charged cable TV subscribers, the United States Supreme Court held that as a prerequisite for certification of a class action, a plaintiff must introduce...more

Winstead PC

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

Winstead PC on

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

43 Results
 / 
View per page
Page: of 2
Next »

"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 Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide