7 Lessons From 1st Year Of Decisions Under Comcast

On March 27, 2013, the U.S. Supreme Court dropped a depth charge into the deep waters of class action practice with its decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013). After a year of practice under Comcast, we are beginning to see where the shock waves hit, as courts and litigants try to draw up rules that give meaning to the Supreme Court’s holding without eliminating Rule 23(b)(3) class actions entirely.

On March 27, 2013, the U.S. Supreme Court dropped a depth charge into the deep waters of class action practice with its decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013). After a year of practice under Comcast, we are beginning to see where the shock waves hit, as courts and litigants try to draw up rules that give meaning to the Supreme Court’s holding without eliminating Rule 23(b)(3) class actions entirely.