Tag Archives: Comcast

Supreme Court’s Vacate Orders Suggest Breadth of New Comcast v. Behrend Opinion

On April 1, the Supreme Court issued “GVR” (grant, vacate and remand) orders in two cases, summarily instructing the courts of appeals to reconsider their prior decisions in light of the Court’s recent Comcast Corp. v. Behrend decision.   The opinions that were vacated and remanded were Ross v. RBS Citizens, NA, 667 F.3d 900 (7th … Continue Reading

Comcast v. Behrend Supreme Court Opinion: Raising The Bar for Plaintiffs in Class Actions

Today the U.S. Supreme Court decided Comcast Corp. v. Behrend, No. 11-864 (slip opinion), which presented the question of whether a class action can be certified in federal court without admissible evidence that damages are susceptible to proof on a class-wide basis.  The Court’s answer was that, under Rule 23(b)(3)’s predominance requirement, the plaintiffs had … Continue Reading