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Supreme Court of the United States › Damages › 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

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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

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

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

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Rules that Comcast Does Not Kill Wage and Hour Class Actions

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On Tuesday, the Ninth Circuit decided Leyva v. Medline Industries, Inc., reversing an order denying class certification in a wage and hour case. The decision represents the first interpretation from the Ninth Circuit of the...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - May 2013

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This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more

Foley Hoag LLP

Product Liability Update - April 2013

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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

McCarter & English, LLP

Supreme Court Raises the Bar to Class Certification

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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

Nossaman LLP

Did You Know…A Sea Change In Class Action Certification

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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

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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...

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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

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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

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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

McDermott Will & Emery

Supreme Court Comcast Decision Makes Antitrust Class Action Certification More Difficult

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The Supreme Court’s decision in Comcast Corporation v. Behrend, an antitrust case involving a class of more than two million current and former cable television subscribers in the Philadelphia area, raises the bar for...more

BakerHostetler

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

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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

Sheppard Mullin Richter & Hampton LLP

Comcast v. Behrend Sets a Higher Bar for Class Certification

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On March 27, 2013, the U.S. Supreme Court continued its recent trend of imposing more stringent standards for class certification in Comcast Corporation v. Behrend, 569 U.S. ___ (2013). At issue was whether the proponents of...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court Vacates No-Injury Consumer Class Action"

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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

Jackson Walker

Supreme Court Rules Class Certification Requires Evidence of Damages Supported by a Valid Legal Theory

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Effectively equates "rigorous analysis" with "merits analysis" - On March 27, 2013, in Comcast Corp. v. Behrend, the United States Supreme Court reaffirmed that district courts must perform a "rigorous analysis" of...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

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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

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Raises Bar for Class Certification

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In Comcast Corporation, et al. v. Behrend, the US Supreme Court reversed two lower courts in concluding that the Plaintiffs failed to satisfy Rule 23(b)(3) because their expert’s report did not establish that damages could be...more

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