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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The plaintiffs sought certification of a purported class of two million current and former Comcast subscribers under Federal Rule of Civil Procedure 23 b 3which requires among other things that “questions of law or fact common to class members predominate over any questions affecting only individual members[.

Comcast v. Behrend – SCOTUSblog

Rather, Respondents would have district courts apply a more flexible standard comcaxt takes into account the context of the pretrial certification proceedings. The majority also strongly reaffirmed that a district court’s “rigorous analysis” of the Rule 23 factors “will frequently entail ‘overlap with the merits of the plaintiff’s underlying claims. Merrell Dow Pharmaceuticals, Inc.

KurtzmanVan Orden v. Wilkie Whether the Supreme Court should overrule Auer v. Joint appendix filed 5 Volumes, 2 with motion to seal. Insix Comcast customers brought a class-action antitrust lawsuit in the United States District Court for the Eastern District of Pennsylvania against the company, alleging anticompetitive and monopolistic conduct in violation of Sections 1 and 2 of the Sherman Act. Court of Appeals for the Third Circuit refused even to entertain Comcast’s argument that the class was improperly certified because the McClave model failed to tie its damages calculation to the overbuilder theory.

Galloway or some other test; and 3 whether, if the test from Lemon v. Comcast argues that because plaintiffs seeking class certification must present evidence v.bshrend satisfy Rule 23, the court must determine that that evidence is admissible.

There are sealed documents in this record.

The Ohio Supreme Court accepted the appeal. The McClave model, however, did not calculate the plaintiffs’ alleged damages specific v.behrendd the overbuilder theory.


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. United States Sturgeon v. McCutchen 3Comcast provides plan sponsors and fiduciaries with significant additional defenses to class certification. PerryTown of Greece v.

First, Comcast argues that the model measured the economic impact of the alleged anticompetitive activity against benchmark markets that were not similar enough to the markets in which the alleged anticompetitive activity took place. See Brief for RespondentsCaroline Behrend et al. With the advent of expanded “equitable” theories of liability in ERISA cases–such as surcharge which is a damages remedy in the hands of the chancellor or misrepresentation claims which require reliance–this is necessary to ensure that only those cases that are truly v.behrenr of collective resolution will be certified as class actions.

Comcast filed an interlocutory appeal to the Third Circuit. 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.

Although the McClave model did not isolate comcsst resulting from the overbuilder theory of antitrust impact, the district court certified the class. The majority concluded that the Third Circuit erred by failing to consider the individual issues presented by the plaintiffs’ damages evidence simply because, in the Third Circuit’s view, those arguments would also be pertinent to the merits determination.

Comcast v. Behrend

Appeal could delay resolution of class action against Comcast Aug. 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.

Stitt V.gehrend House of Delegates v. Department of Commerce v. In this case, the Supreme Court will address whether evidence presented in support of class certification must be admissible under those standards.


Alabama Manhattan Community Access Corp. It follows that putative class representatives lack the power to waive individualized damages claims on behalf of putative class members in order to obtain class certification. In light of the pending settlement, Respondents argue that the Court should dismiss the writ as improvidently granted.

Reversed, in an opinion by Justice Scalia on March 27, Applicability of Daubert at Class Certification–Probably Yes–and Scrutinize the Evidence Carefully It was widely thought that the Court would use Comcast to decide the standard for the admissibility of an expert’s opinion at the class-certification stage and, in particular, whether Daubert v.

Merrell Dow Pharmaceuticals, Inc. United States Helsinn Healthcare S. Fourth, v.beheend perhaps most importantly, the Court found that questions of individual alleged damages against Comcast “will inevitably overwhelm questions common to the class. The trial court certified the class and the appellate court affirmed.

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

Plaintiffs who wish to bring suit as representatives of a class in federal court must be certified pursuant to Federal Rule of Civil Procedure Search Blog or Docket. In reaching that issue, according to the dissent, the Court had improperly overturned the factual findings of both the lower courts and misapplied substantive antitrust law.

Brief amici curiae of American Antitrust Institute, et al. 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. Haymond United States v. District Court for the Eastern District of Pennsylvania accepted only one of the plaintiffs’ four theories–described as the “overbuilder theory”–as capable of classwide proof.

On appeal, the U. United States, ex rel.