COMCAST V. BEHREND

Issue: Class Action Standards
Court: U.S. Supreme Court

Term: October 2012
Oral Argument: November 2012
Vote: 5-4
Opinion: Justice Scalia
Lower Court: U.S. Court of Appeals for the Third Circuit

Question Presented:
Whether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.

RLC's Position:
The RLC asked the U.S. Supreme Court to overturn the Third Circuit's very limited interpretation of the class action standard that the Supreme Court enunciated in Wal-Mart v. Dukes.

Case Outcome: 
The Court reversed the Third Circuit's decision finding that the court improperly certified the class under Rule 23(b)(3) and erred by not deciding whether the damages in this case could be shown on a classwide basis.

Procedural History and Case Documents:

• Certiorari petition granted June 2012
• U.S. Supreme Court Decision issued March 2013

Please use the DOWNLOAD button below to access the RLC's Brief.