News & Analysis as of

Damages Dukes v Wal-Mart

Faegre Drinker Biddle & Reath LLP

Exclusion of Damages Expert at Class Certification Stage Results in Partial Denial of Certification Motion

Just a decade ago, it was still an open question whether parties could challenge the admissibility of expert testimony in class certification proceedings. The United States Supreme Court recognized the issue in Wal-Mart...more

Proskauer Rose LLP

The End of “Average Joe,” Class Plaintiff? The Supreme Court Will Review the Use of Composites in Class Actions

Proskauer Rose LLP on

You run a business. You sell actual products. You employ hundreds, or even thousands, of warm-blooded employees, all with names, families, and histories. You battle real competitors daily. Your customers, thank goodness, are...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Summer 2015

In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more

Proskauer - Employee Benefits & Executive...

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

King & Spalding

Recent Supreme Court Rulings on Class Actions

King & Spalding on

The Supreme Court continued to focus on class action litigation during this term, handing down a number of significant rulings relating to jurisdiction, class certification, and arbitration of putative class claims. The many...more

BakerHostetler

Virginia District Court Denies Conditional Certification of FLSA Case

BakerHostetler on

A Virginia District Court has denied conditional certification of a class of chauffeurs in claims for unpaid overtime and has also recognized the application of Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), to the...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

Littler

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

Littler on

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

Orrick - Employment Law and Litigation

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

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

Miller & Martin PLLC

Class Action Alert: Recent Developments Favorable for Employers

Miller & Martin PLLC on

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

Hinshaw & Culbertson LLP

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

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

BakerHostetler

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

BakerHostetler on

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

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court Vacates No-Injury Consumer Class Action"

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

Perkins Coie

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

Perkins Coie on

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

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Fisher Phillips

Supreme Court Raises The Bar For Class Actions

Fisher Phillips on

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

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court Reverses Massive Antitrust Class Action Against Comcast"

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

Littler

New Seventh Circuit Decision May Pave the Way for More Stringent Certification Standards in FLSA Collective Actions

Littler on

In a decision that may significantly impact certification and decertification decisions in FLSA collective actions, a three-judge panel of the Seventh Circuit Court of Appeals upheld the decertification of a Rule 23 class and...more

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