3rd Circ. Confirms Comcast Still Has Teeth

Law360, New York (September 1, 2016, 11:31 AM EDT) -- Galen D. Bellamy

Allison R. McLaughlin

Cedric D. Logan Judicial scrutiny of damages models offered in support of class certification continues to evolve in the three years since the U.S. Supreme Court issued Comcast Corp. v. Behrend.[1] In the immediate wake of Comcast, a handful of opinions denied class certification for failure to put forth a valid method of proving classwide damages. However, it wasn't long before the pendulum swung the other way, with several federal courts of appeals taking a highly permissive view of some fairly questionable class damages models. Practitioners were left wondering if these intermediate appellate court decisions...

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