Tag Archives: evidence

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

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 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

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

Guest Blog: Putting the Case on at a Class Certification Hearing

By Guest Blogger on May 17, 2012 Posted in Practice Pointers

By Roy Futterman, Ph.D., Director, DOAR Litigation Consulting As class certification hearings in labor and employment cases and other types of class action litigation have become more like mini-trials in the wake of recent case law, strategies that used to be applied at the jury trial phase have moved to the class certification stage. Both the … Continue Reading

Interview With Professor Mary Kay Kane (Part II)

By Matthew J. Moody on May 15, 2012 Posted in Class Action Trends, Class Certification

Editor’s note: This post is the second in a series of posts from the Class Action Lawsuit Defense Blog’s interview with Mary Kay Kane, former Dean and Chancellor and current Emeritus Professor of Law at the University of California’s Hastings College of the Law. Professor Kane is the author of the Nutshell on Civil Procedure, … Continue Reading