Comcast’s Lasting Impact: Crystallization and Affirmation of the Rule 23(b)(3) Predominance Requirement
Sidley lawyers Joel S. Feldman and Daniel R. Thies explore Comcast Corp. v. Behrend’s impact on class certification decisions. They conclude that, after Comcast, courts are more receptive to looking at individualized damages in deciding whether to certify, and courts should perform a rigorous analysis and examination of evidence in the predominance analysis for certification.
This article was named a winner of a Burton “Distinguished Legal Writing Award” in 2015.
Reproduced with permission from Class Action Litigation Report, 15 CLASS 574, 5/23/14. Copyright © 2014 by The \Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com