Floyd Blog

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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