Will Comcast V. Behrend Be SCOTUS's Hydrogen Peroxide?

Law360, New York (November 7, 2012, 2:46 PM EST) -- On the eve of the presidential election, work in the judicial branch proceeded apace, as the U.S. Supreme Court heard oral argument on Monday in an important antitrust class action that could heighten, or at least clarify, the evidentiary standards applicable to motions for class certifications.

The legal issue now before the court is the degree of scrutiny a district court must apply to expert testimony submitted by plaintiffs in support of class certification under Rule 23.

The complaint in Comcast Corporation v. Behrend, filed in...
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