After the Supreme Court decided Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013) (blog post), requiring damages to be provable on a classwide basis in order for a class to be certified under Rule 23(b)(3), class action practitioners and commentators wondered how much impact Comcast would have. The Seventh Circuit recently
Comcast
Applying Comcast v. Behrend In An Insurance Class Action: District of Alaska Opinion
I’ve tried to make this a blog with national coverage. This post is my first venture to Alaska, which is about as far from my home in Connecticut as one can get and still be in the U.S. (except, I suppose, for Hawaii). What sparked my venture to write about a decision from Alaska is…
Insights from 2013 DRI Class Action Seminar – Day 1
Last week I attended the Defense Research Institute (DRI) Class Action Seminar in Washington, DC. Here are some insights I gleaned from day 1 of the seminar (focusing on presentations that had some relevance to insurance class actions):
Comcast v. Behrend (see blog post): Miguel Estrada, who argued this case for 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…
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…