About WDFloyd

Dave Floyd is an attorney, real estate broker, and trivia host in Austin, Texas. He works with the Foskitt Law Office and is an owner of Floyd Real Estate. He was a candidate for Austin City Council in 2014 and lives in the Zilker Neighborhood.

Wednesday, April 10, 2013

U.S. Supreme Court Raises Bar for Class Certification

Comcast Corporation, et al. v. Behrend

I don't work with Federal class action suits, but I did find the recent U.S. Supreme Court's Comcast Corporation, et al. v. Behrend (No. 11-864) decision to be interesting.  Thus, I've added links to a couple of articles on the following topics:



General Class Certification Implications


The first article looks at the Comcast decision's effect on the criteria for forming a class under Rule 23(b)(3):


Supreme Court raises bar for class certification - ACC Newsstand - Powered by Lexology


In particular, the SCOTUS' apparent conclusion that class certification is inappropriate in the absence of a methodology to calculate damages on a class-wide basis caught the attention of the author.  




Employment Law Implications


It is the above mentioned conclusion which the author of the following article counts as a huge win for employers in an employment law focused review of the Comcast decision:


United States Supreme Court delivers major win for employers - once again raising the bar for certifying class actions

It was this article which I found more relevant to my practice interests, as I have dealt with employment law issues as part of working with business and insurance law matters.



+Dave Floyd has been CEO & General Counsel of Prism Risk Management since 2010, and will soon open a practice dedicated to business, insurance, and cyber law issues.





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