April 01, 2013
On March 27, 2013, the Supreme Court announced its decision in Comcast v. Behrend. The question in this case was whether a district court properly certified a class action under Rule 23(b)(3) when the plaintiffs’ damages model did not attempt to measure only those damages attributable to the antitrust violation that formed plaintiffs’ theory of the case.
In an opinion delivered by Justice Scalia, the Court held by a vote of 5-4 that the class action in question was improperly certified under Rule 23(b)(3). Chief Justice Roberts, and Justices Kennedy, Thomas and Alito joined the majority opinion. Justices Ginsburg and Breyer jointly filed a dissenting opinion, which Justices Sotomayor and Kagan joined.
To discuss the case, we have Ken Lee, who is a Partner at Jenner and Block.