Comcast Puts Securities Plaintiffs To An Earlier Test

Law360, New York (January 27, 2014, 5:57 PM EST) -- By holding that putative class actions must withstand a damages analysis before a class can be certified, the U.S. Supreme Court in Comcast v. Behrend[1] handed corporate defendants a valuable new tool for fending off abusive claims. In the months since Comcast, it has become clear that the decision holds particular value for defendants in securities class actions, allowing them to zero in earlier on what is often one of the greatest weakness in the plaintiffs’ case.

Before Comcast, plaintiffs bringing class actions have succeeded in...
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