Apr 9 , Brief of respondents Caroline Behrend, et al. in opposition filed. Apr 24 , DISTRIBUTED for Conference of May 10, In Comcast Corp. et. al. v. Behrend, et. al., the Supreme Court of the United States, in a decision written by Justice Antonin Scalia. Co-author, What The Supreme Court’s Decision in Comcast v. Behrend Means for ERISA Class Certification, ABA Employee Benefits Committee Newsletter.

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DukesS. Allina Health Services Biestek v. The decision will likely significantly impact the ability of plaintiffs to certify as a class under Federal Rule of Civil Procedure 23, and it may also affect underlying commercial conduct, such as the future use of territory-swapping and clustering agreements.

Alabama Manhattan Community Access Corp. Brief amicus curiae of Equal Employment Advisory Council filed.

See BehrendF. In seeking discretionary review before the Ohio Supreme Court, Ameritech argued that under Comcast, a court should scrutinize whether classwide injury and damages predominate over individual issues. See Brief in Support of Respondents at 18— The trial court certified the class and the appellate court affirmed. James McClave, and found that the plaintiffs could establish antitrust damages for the entire class using common evidence on a class-wide basis, thereby satisfying Rule 23 b 3.

Respondents claim that even if the damages model is inadmissible, it was not plain error for the court to certify the class based on that evidence because the Court had not yet articulated whether certification must be based on admissible evidence. CATO explains that because the certification ruling is often the most important decision in a class action, and because class-action lawsuits often have the potential for extraordinarily high damages awards, certification creates tremendous pressure for defendants to settle, regardless of the merits of the case.

In this case, the Supreme Court will address whether evidence presented in support of class certification must be admissible under those standards. Such a proposition would reduce Rule 23 b 3 ‘s predominance requirement to a nullity.

The Court’s decision reaffirms critical aspects of its prior precedents, including Wal-Mart. Failure to object to the admissibility of evidence normally results in the forfeiture of that claim on appeal. Harrison Return Mail Inc. Amara, 2 and U. Department of the Interior not to exclude an area from critical habitat under 16 U. June 5, where classwide injury and damages were not based on facts, the plaintiff did not meet its burden on predominance and class certification was denied; citing favorably to Comcast ; and Ascencio v.


AAI and AMIBA also argue that raising the bar for class certification would undermine the efficiency and accuracy of important private antitrust enforcement actions and deny plaintiffs their Seventh Amendment right to trial by jury. New Jersey—which held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt—should apply to the imposition of criminal restitution.

United States Whether the rule of Apprendi v. Briefing in Satterfield will complete over the summer, with oral argument likely to be held later this year. This website may use cookies to improve your experience. Comcast has been routinely applied by federal courts in class actions involving price fixing, anticompetitive conduct or other cases requiring complicated modeling to determine classwide impact.

Though it is notable that, during the oral argument, no party and no Justice seemed to have any doubt that Daubert did apply at the certification stage; the only question was whether Comcast had waived the Daubert argument.

Comcast Corp. v. Behrend

Statement of costs filed. The district court held that a damages model prepared by the plaintiffs’ expert, Dr.

Record received from U. Petitioners argue that because the evidence presented did not satisfy admissibility standards under Federal Rule of Evidence and Daubertthe class-certification order should be vacated.

Finally, Respondents argue that the writ of certiorari should not have been granted in the first place. Petitioner Comcast contends that the plaintiffs failed to meet their burden under Rule 23 for class certification.

Justice Sotomayor at Harvard. Switch to mobile site. Barry Barnett, Dallas, Tex. The Court found that the Third Circuit’s approach “flatly contradict[ed]” its prior guidance–most recently articulated in Wal-Mart –which requires a rigorous analysis into whether Rule 23 is satisfied, even if that analysis involves an inquiry into the merits of the claims. Though plaintiffs routinely contend that relief flowing from the plan eliminates these inquiries, Wal-Mart and Comcast in combination say not so fast.

Brief amici curiae of Economists in support of concast party filed. Department of Commerce v. To satisfy Rule 23, plaintiffs must show that common questions predominate over individual questions. Turn it comccast to take full advantage of this site, then refresh the page.


Respondents sued Comcast for entering into an illegal agreement in restraint of trade and monopolizing in violation of Sections 1 and 2 of the Sherman Act. And where damages models are insufficient — because they cannot distinguish between liable misconduct and nonliable market factors, rest on unreliable assumptions or methodology, or are not grounded in facts — federal courts will deny certification.

State Court Adoption of Comcast v. Behrend | Class Action Lawsuit Defense

Search Blog or Docket. The majority concluded that the Third Circuit erred by failing to consider the individual issues presented by the plaintiffs’ damages comast simply because, in the Third Circuit’s view, those arguments would also be pertinent to the merits determination. This last point is particularly significant, as it should counter an approach by plaintiffs–frequently used in damages class actions–to pursue only one theory of damages and disavow claims for individual additional or different damages over and above the alleged classwide theory.

Brief amicus curiae of Intel Corporation filed. Is foreclosure debt collection? JavaScript is turned off in your web browser.

This instruction applies with equal force to the requirements of both Rule 23 a and Rule 23 b.

Indiana United States v. Brief amicus curiae of Cato Institute filed. Indeed, this argument v.gehrend likely to be especially potent in the wake of the Supreme Court’s decision in Standard Fire Ins.

On appeal, the U. Turning to the specific evidence in Comcast, the Court noted that the different damages theories offered by the plaintiffs revealed important differences domcast class members, comcaxt the McClave model failed to account for the damages that allegedly resulted solely from the “overbuilder theory,” and that the Third Circuit had erred in failing to determine whether the plaintiffs’ damages methodology was “just and reasonable” or merely speculative and thus could not satisfy Rule 23 b 3 ‘s predominance requirement.

With the advent of expanded “equitable” theories of liability in ERISA cases–such as surcharge which is a damages v.bhrend in the hands of the chancellor or misrepresentation claims which require reliance–this is necessary to ensure that only those cases that are truly capable of collective resolution will be certified as class actions.