Merrill Lynch Settles Discrimination Suit for $160m - Aberration or New Normal?
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
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
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
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
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
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
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
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
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
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
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
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
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