Taking Issue With Issues Classes Post-Comcast

Law360, New York (March 31, 2014, 5:49 PM EDT) -- Since the U.S. Supreme Court’s 2013 ruling in Comcast Corp. v. Behrend, rejecting class certification where the expert damages evidence proffered by the plaintiffs in support of certification could not logically prove classwide damages, courts and commentators have sought to understand the full implications of the Comcast case, particularly whether it means classwide damages evidence is a prerequisite to class treatment.

That debate took on particular significance a few weeks ago when the Supreme Court denied certiorari in Butler v. Sears Roebuck & Co. and In...
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