Wachtell Lipton Discusses Class Certification Case Standing in Contrast to Amgen

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

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Editor's Tweet: Wachtell Lipton Discusses Class Certification Case Standing in Contrast to Amgen