A divided Supreme Court ruled 5 to 4 [in the last week of March] that certification of an antitrust class action was not proper because plaintiffs failed to establish that damages caused by actionable antitrust injury were capable of measurement on a class-wide basis. Comcast Corp. v. Behrend, No. 11-864 (Mar. 27, 2013).
The proposed class plaintiffs in Comcast asserted antitrust claims based on defendants’ alleged conduct in concentrating operations in a particular region. To certify a class under Fed. R. Civ. P. 23(b)(3) (which requires that questions of law or fact common to class members predominate), the district … Read more