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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Comcast v. Behrend

Though plaintiffs routinely contend that relief flowing from the plan eliminates these inquiries, Comcawt and Comcast in combination say not so fast. The evidence they submitted consisted of a damages model prepared by their expert witness. Common questions are those that can be resolved on a class-wide basis.

Respondents highlight the differences between Daubert analysis during trial and during class certification.

Comcast Corp. v. Behrend

Featured Posts Argument preview: 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. In light of the pending settlement, Respondents argue that the Court should dismiss the writ as improvidently granted.

Instead, writing for the majority, Justice Scalia framed the Comcast case as a “straightforward application of class-certification principles” and not as an issue of whether the plaintiffs’ expert evidence was admissible.

The Court also included a potentially significant note that, even assuming the McClave model had been able to identify those “subscribers who paid more solely because of the deterrence of overbuilding,” it would not have established the commonality of damages required to satisfy Rule 23 unless it also “plausibly showed” that the extent of antitrust impact was the same across all counties or irrelevant to Comcast’s ability to charge allegedly anticompetitive prices.


Warren Washington State Department of Licensing v. United States Garza v. Reply of petitioners Comcast Corporation, et al. Failure to object to the admissibility of evidence normally results in the forfeiture of that claim on appeal.


Wal-Mart StoresPa. Steager Department of Commerce v. Vbehrend of Sudan v. In seeking class certification, the plaintiffs only generally described their theory of common injury and damages, and did not provide a classwide damages model.

United States Sturgeon v.

See Brief for Petitioners at The Court also suggested that even if the plaintiffs had tied their expert damages evidence to the overbuilder theory, differences in the nature and type of damages suffered by members of the class could defeat comcasst certification because class members in different regions within the class may have experienced different alleged harm.

Court of Appeals for the 9th Circuit erred in denying the officers qualified immunity by considering clearly established law at too high a level of generality rather than giving particularized consideration to the facts and circumstances of this case; 2 whether the lower court erred in denying the officers qualified immunity by relying on a single decision, published after the event in question, to support its conclusion that qualified immunity is not available; and 3 whether the lower court erred in failing or refusing to decide whether the subject arrest was without probable cause or subject to qualified immunity.

To satisfy Rule 23, plaintiffs must v.bwhrend that common questions predominate over individual questions.

Alabama Manhattan Community Access Corp. McCutchen 3Comcast provides v.behrrend sponsors and fiduciaries with significant additional defenses to class certification. United States, ex rel. Respondents contend that Dr.

Department of Commerce v.

Comcast Corp. v. Behrend – Wikipedia

Dissent Offers a Limited View of the Majority Opinion Justices Ruth Bader Ginsburg and Stephen Breyer, jointly writing for the dissent, argued that the Court should have dismissed the writ of certiorari as improvidently granted.

Response due February 13, Justice Sotomayor at Harvard. A divided Third Circuit affirmed the district court, concluding that Comcast’s “attack[] on the merits of the methodology [had] no place in the class certification inquiry. Conference of December 7, City of Escondido, California v. In asserting that Comcast failed to preserve its claims for appeal, respondents stress the importance of fairness and efficiency in litigation and the notion that district courts are generally in the best position to resolve factual disputes.


On appeal, the U. Galloway or some other test; and 3 whether, if the test from Lemon v.

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

This instruction applies with equal force to the requirements of both Rule 23 a and Rule 23 b. Petitioner Comcast contends that the plaintiffs failed to meet their burden under Rule 23 for class certification.

In the case Wal-Mart Fomcast, Inc.

Comcast filed an interlocutory appeal to the Third Circuit. Dukes4 and noted that the “predominance” requirement applicable to Rule 23 b 3 damages class actions is “even more demanding” than in other types of class actions.

The Court found that, according to the Third Circuit’s erroneous logic, “any method of measurement is acceptable as long as it could be applied classwide, no matter how arbitrary the v.behrenx may be. Appeal could delay resolution of class action against Comcast Aug. The Court also built upon its prior decision in Wal-Martnoting that the “same analytical principles” are not only applicable in damages class actions, but also that “Rule 23 b 3 ‘s predominance criterion is even more demanding than Rule 23 a.

PerryTown of Greece v. Brief amicus curiae of Intel Corporation filed. See Brief for Petitioners at 2.