How Rigorous Is The 'Rigorous Analysis' Requirement?
November 27, 2012, 3:56 PM EST
Law360, New York (November 27, 2012, 3:56 PM EST) -- On Nov. 5, 2012, the Supreme Court of the United States heard oral argument in Comcast Corp. v. Behrend, No. 11-864 (U.S.) — addressing whether a district court may certify a class action without first determining whether the plaintiffs have introduced admissible evidence that damages can be determined on a classwide basis.
The case centers on the plaintiffs' allegation that Comcast engaged in "anti-competitive clustering" by making deals with competitors in Philadelphia to swap cable assets and allocate regional cable markets among themselves in violation of...