News & Analysis as of September 20, 2024

Supreme Court of the United States › Comcast v. Behrend

+ Follow

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 -

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

Foley & Lardner LLP on 9/29/2022

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

Northern District of California Denies Class Certification in False Advertising Case Against Google, Concluding that Named...

King & Spalding on 3/14/2022

On January 10, 2022, Judge Beth Labson Freeman of the United States District Court for the Northern District of California denied Plaintiff’s motion for class certification in a case stemming from allegations that Google...more

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

Seyfarth Shaw LLP on 1/17/2020

Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification

BakerHostetler on 3/19/2019

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 Gorsuch Nomination: The Return of the Business Friendly Court?

Orrick, Herrington & Sutcliffe LLP on 2/6/2017

Assuming Judge Gorsuch's confirmation, the Court will add a Justice with extensive commercial litigation experience, a particular expertise in antitrust and securities law, and a track record on the bench that demonstrates a...more

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on 1/19/2017

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

Carlton Fields on 4/26/2016

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and...more

Supreme Court Refuses to Review $188M Class Action Verdict Against Wal-Mart Based Upon “Trial by Formula”

Kelley Drye & Warren LLP on 4/6/2016

Wal-Mart may have felt the first aftershock of the Supreme Court’s March 2016 opinion in Tyson Foods, Inc. v. Bouaphakeo, which undercut overbroad interpretations of its landmark 2011 Wal-Mart v. Dukes decision and found that...more

Supreme Court Limits Wal-Mart, Approves Representative Proof in Employee Class Actions

Kelley Drye & Warren LLP on 4/1/2016

In a highly anticipated decision, the Supreme Court last week affirmed a $5.8 million judgment against Tyson Foods and held that damages in a class action can be established by “statistical sampling” – a phrase that may now...more

How Justice Scalia's Death Could Have Profound Reverberations for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/1/2016

The sudden death of Associate Justice Antonin Scalia of the Supreme Court of the United States, who served on the Court for over 30 years, has touched off a heated political debate over the appointment and consideration of...more

Comcast and its Discontents

Pierce Atwood LLP on 10/29/2015

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

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

Seyfarth Shaw LLP on 9/18/2015

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

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

BakerHostetler on 8/31/2015

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

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

Ballard Spahr LLP on 7/27/2015

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

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

Proskauer Rose LLP on 6/27/2015

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

Supreme Court to Consider “Trial by Formula” and Standing of Non-Injured Class Members in Tyson Foods

Carlton Fields on 6/15/2015

The Supreme Court recently granted Tyson Foods’ petition for certiorari which presents to the Court two important class action issues: (1) Whether differences among individual class members may be ignored and a class...more

Supreme Court Takes Aim at FLSA Class, Collective Actions

Franczek P.C. on 6/15/2015

Last week, the Supreme Court granted a writ of certiorari to Tyson Foods in an appeal of a class and collective action filed under the FLSA and a similar Iowa state law. Hourly workers at Tyson’s Storm Lake, Iowa pork...more

2 Years After Comcast, Little Has Changed

Zelle LLP on 3/19/2015

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

Second Circuit Holds Individualized Damages, Standing Alone, Do Not Preclude Class Certification

Faegre Drinker Biddle & Reath LLP on 2/27/2015

Two years ago, in Comcast v. Behrend et.al, the Supreme Court caught the attention of employers facing class action lawsuits by holding that plaintiffs cannot “show Rule 23(b)(3) predominance” when “[q]uestions of individual...more

Sixth Circuit Rejects Rule 23(F) Petition: Comcast Not Necessarily Triggered By Antitrust Class’s Use Of A Single Damages Model...

Carlton Fields on 2/20/2015

In an antitrust class action lawsuit, multiple theories of liability often create separable anticompetitive effects that, when combined, can result in aggregated damages, but a plaintiff’s model must measure damages...more

Second Circuit: Class Certification is Alive and Well in Employment Cases Involving Individualized Damages

Patterson Belknap Webb & Tyler LLP on 2/18/2015

On February 10, 2015, the United States Court of Appeals for the Second Circuit decided Roach v. T.L. Cannon Corporation, resolving the question of how the Supreme Court’s Comcast Corp. v. Behrend decision should be...more

Second Circuit Court of Appeals Holds That Supreme Court’s Comcast Decision Does Not Prohibit Class Certification Where Damages...

Mintz - Employment, Labor & Benefits... on 2/12/2015

The Second Circuit Court of Appeals has released its much-anticipated decision in Roach v. T.L Cannon Corp., addressing the Supreme Court’s Comcast Corp. v. Behrend decision in connection with a wage and hour class action...more

District Court Decertifies Class Where Damages Model Did Not Satisfy Supreme Court’s Requirements as Set Forth in Comcast Corp. v....

Carlton Fields on 1/2/2015

The United States District Court for the Northern District of California recently granted a defendant’s motion to decertify a class because plaintiff’s damages model was not consistent with his theory of liability as required...more

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

Carlton Fields on 7/16/2014

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

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

Littler on 6/3/2014

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

82 Results

View per page

Page: of 4

Supreme Court of the United States › Comcast v. Behrend

"My best business intelligence, in one easy email…"