Perspective
Apr. 30, 2013
A class-action game changer
Some commentators have focused on language from the dissent to argue that Comcast v. Behrend was actually a nonevent that will have no mpact on class certification. By James F. Speyer and Kelly A. Welchans
Last month the U.S. Supreme Court issued its opinion in Comcast, holding (among other things) that a plaintiff seeking to certify a damages class under Rule 23(b)(3) must show, through "evidentiary proof," that "the questions of law or fact common to class members predominate over any questions affecting only individual members." Comcast Corp. v. Behrend, 133 S. Ct. 1426, 1432 (Mar. 27, 20...
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