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

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

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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

King & Spalding

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

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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

Seyfarth Shaw LLP

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

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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

BakerHostetler

Trial Courts Wrestle with Expert Testimony and Daubert at Class Certification

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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

Orrick, Herrington & Sutcliffe LLP

The Gorsuch Nomination: The Return of the Business Friendly Court?

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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

Seyfarth Shaw LLP

The U.S. Supreme Court And Workplace Class Actions

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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

Carlton Fields

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

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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

Pierce Atwood LLP

Comcast and its Discontents

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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

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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

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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

Proskauer Rose LLP

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

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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

Franczek P.C.

Supreme Court Takes Aim at FLSA Class, Collective Actions

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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

Zelle LLP

2 Years After Comcast, Little Has Changed

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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

Faegre Drinker Biddle & Reath LLP

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

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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

Carlton Fields

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

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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

Patterson Belknap Webb & Tyler LLP

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

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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

Carlton Fields

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

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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

Sheppard Mullin Richter & Hampton LLP

A (POM) Wonderful Result For Consumer Class Action Defendants

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On March 25, 2014, the court in In re: POM Wonderful LLC Marketing and Sales Practices Litigation, Case No. ML 10-02199 DDP (C.D. Cal.), granted a motion by defendant POM Wonderful LLC (“POM”) to decertify a previously...more

Moore & Van Allen PLLC

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

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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

Proskauer - Employee Benefits & Executive...

High Court Employee Benefits Cases: A Review and Look Ahead

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Having settled into the new year, we reflect on decisions from the U.S. Supreme Court in 2013 that are likely to have a significant impact in the world of pension and welfare employee benefits and, in some cases, already have...more

BakerHostetler

No Supreme Court Review of Moldy Washer Cases

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Yesterday, the Supreme Court denied certiorari in two highly anticipated appeals of decisions by the Sixth and Seventh Circuit Courts of Appeals to grant class certification over breach of warranty claims involving allegedly...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - February 2014

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The employee benefits issues to be considered by the U.S. Supreme Court continue to be of great significance to plan sponsors and fiduciaries. This month we review the Court's employee benefit decisions from 2013 and also...more

McDermott Will & Emery

Sixth Circuit Vacates Class Certification in Detroit Nurses Antitrust Case

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On January 6, 2014, the Sixth Circuit vacated a class certification order for reconsideration in light of the Supreme Court’s 2013 decision in Comcast v. Behrend, 133 S. Ct. 1426 (2013). In re VHS of Michigan, Inc., No....more

BakerHostetler

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

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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

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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

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