High Court's Comcast Ruling Raises Bar For Class Actions
Law360, New York (March 27, 2013, 9:02 PM EDT) -- The U.S. Supreme Court's Wednesday decision siding with Comcast Corp. in an antitrust class action showed that defendants may be able to beat class certification by arguing that plaintiffs can't prove damages on a classwide basis, attorneys say.
But with four of the justices vehemently arguing in a dissent that the majority's opinion goes against the "well nigh universal[ly]" accepted position that the need for individualized damages doesn't preclude class certification, the reach of the decision will now have to be hashed out by the lower courts.
"The court held that individualized issues of damages may preclude class certification; it did...
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