Tag Archives: comcast

No Supreme Court Review of Moldy Washer Cases

Earlier today, the Supreme Court denied certiorari in two highly anticipated appeals of decisions by the Sixth and Seventh Circuit Courts of Appeals to grant class certification over breach of warranty claims involving allegedly defective washing machines. The denial of cert in Butler v. Sears, Roebuck & Co., Nos. 11-8029, 12-8030 (7th Cir., Aug. 22, … Continue Reading

Sixth Circuit Reaffirms Certification of Defective Washing Machine Class on Remand From Supreme Court

By Mark Johnson on July 21, 2013 Posted in Class Action Trends, Class Certification, Commonality, Predominance, Typicality

Co-author: Rand McClellan Editors’ Note: This post is also a Baker Class Action Alert. In a closely watched decision after remand by the Supreme Court, on July 18, 2013, the Sixth Circuit Court of Appeals upheld for a second time the class certification order in In re Whirlpool Front-Loading Washer Prods. Liab. Litig. (“Whirlpool II”) … Continue Reading

Common and Predominating Damages: Comcast Opinion Extends Wal-Mart v. Dukes’ Standards for Class Certification but Leaves the Question of Daubert for Another Day

By Casie Collignon on April 3, 2013 Posted in Antitrust, Class Certification, Expert Testimony, Predominance, Rule 23 Requirements

Co-authored by: John B. Lewis, Dustin M. Dow, Patrick T. Lewis, Danyll W. Foix, and Rodger L. Eckelberry Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team, Employment Team, and BakerHostetler’s Class Action Team. On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case … Continue Reading

Comcast v. Behrend: Supreme Court Tightens Certification Requirements, But Leaves Standard For Expert Evidence Uncertain

By Patrick T. Lewis on March 29, 2013 Posted in Antitrust, Class Certification, Predominance, Rule 23 Requirements

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, Case No. 11-864, which tightened class certification requirements in two respects. First, Behrend requires plaintiffs to show a method by which class-wide damages can be commonly calculated in Rule 23(b)(3) antitrust class actions. Second, the decision confirmed that the Court’s “rigorous analysis” … Continue Reading

A Big Week for the Securities Bar: Amgen and Gabelli

By Deborah Renner on March 13, 2013 Posted in Class Certification, Commonality, Injunctions, Practice Pointers, Predominance, Securities

Co-authored by: Marc D. Powers, Mark A. Kornfeld, and Jessie M Gabriel Editor’s Note: This Executive Alert was published by members of BakerHostetler’s Securities Litigation and Regulatory Enforcement Team and BakerHostetler’s Class Action Team. The Supreme Court last week issued two opinions of major importance to the securities bar. In Amgen Inc. v. Connecticut Retirement … Continue Reading

Comcast Oral Argument Raises Interesting Questions Surrounding the Application of Daubert to Class Certification

By John Lewis on November 9, 2012 Posted in Antitrust, Civil Procedure, Class Certification, Expert Testimony

Editors’ Note: The following post was originally published on Baker’s Employment Class Action blog. On November 5, 2012 the U.S. Supreme Court heard arguments in Comcast Corporation v. Behrend, No. 11-864 which arose from an action brought by Philadelphia cable subscribers alleging that Comcast monopolized Philadelphia’s cable market and excluded competition in violation of Sections 1 and 2 of … Continue Reading

Abrams, Commins and Foix Publish “‘Rigorous Analysis’: Recent Developments in Antitrust Class Action Litigation in the United States” in 2013 Antitrust Review of the Americas

By Paul Karlsgodt on November 7, 2012 Posted in Antitrust

The 2013 Antitrust Review of the Americas features an article by Baker Hostetler Antitrust Group Chair Robert G. Abrams, Partner Gregory J. Commins Jr. and Counsel Danyll W. Foix. “‘Rigorous Analysis’: Recent Developments in Antitrust Class Action Litigation in the United States” examines recent developments in antitrust class action case law over the past two years … Continue Reading

The Stakes are High as Supreme Court Considers Evidentiary Standards for Expert Testimony on Class Certification

By Paul Karlsgodt on August 28, 2012 Posted in Class Certification, Expert Testimony

The Supreme Court is set to hear oral argument in the case of Comcast v. Behrend this November. The Court’s decision in that case should further refine the Court’s guidance in Wal-Mart Stores, Inc. v. Dukes about the proper standards for federal courts in reviewing motions for class certification. Recently, a team of appellate and … Continue Reading

Third Circuit Vacates Certification in Run-Flat Tires Case

By Deborah Renner on August 13, 2012 Posted in Class Action Trends, Class Certification, Numerosity, Predominance, Rule 23 Requirements

In a case that illustrates the growing trend in class certification law to rigorously evaluate a plaintiff’s contentions that he or she meets the Rule 23 class certification criteria, the Third Circuit vacated the New Jersey District Court’s certification of a class involving run-flat tires (“RFTs”). In Marcus v. BMW, Nos. 11-1192, 11-1193, slip op. (3d … Continue Reading

Supreme Court to Review Class-Wide Proof of Damages in Comcast

By Casie Collignon on June 28, 2012 Posted in Antitrust, Class Certification

Disputes over common class-wide evidence of both the existence and amount of damages are at the heart of most class action cases, regardless of the context. On June 25, 2012, the United States Supreme Court granted certiorari in an antitrust class action that may address those very issues. In Comcast Corp. v. Behrend, No. 11-864, … Continue Reading