July 08, 2013 Articles

Comcast Corp. v. Behrend: Plot Twists and a Surprise Ending

The highly anticipated decision breaks little new ground.

David R. Singh and Alison Bain-Lucey – July 8, 2013

On March 27, 2013, the U.S. Supreme Court decided Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), an antitrust monopoly case in which the Court determined “[w]hether a district court may certify a class action without resolving whether the plaintiff class had introduced admissible evidence, including expert testimony, to show that the case is susceptible to awardingdamages on a class-wide basis.” Comcast Corp. v. Behrend, 133 S. Ct. 24 (2012). Although the Court’s decision was highly anticipated, the final decision broke very little new ground.

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