Tag Archives: rigorous analysis

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

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

Class Cannot Be Certified in Facebook Advertiser “Click” Litigation Because Alleged Contract Does Not Exist

By Deborah Renner on April 17, 2012 Posted in Class Action Trends, Class Certification, Consumer Fraud, Predominance, Rule 23 Requirements, Superiority

Fraud class actions have become increasingly difficult to certify over the years as courts routinely have held that individualized issues of reliance swamp any common issues. Plaintiffs’ attorneys thus have been keen to attempt to transform fraud claims into breach of contract claims and claims under consumer protection statutes. That approach failed miserably for plaintiffs in In re Facebook, Inc. PPC Advertising … Continue Reading

Colorado Supreme Court Asks: Where’s the Beef?

By Casie Collignon on January 2, 2012 Posted in Colorado, Rule 23 Requirements, State Class Action Law

Plaintiffs repeatedly, and sometimes successfully, urge class certification after painting a pretty picture of liability with little or no attention whatsoever to the details of the actual evidence that both sides will present at trial. However, the Colorado Supreme Court recently issued four cases on the same day that asked both parties: where’s the evidence? Here … Continue Reading