Antitrust Column & Publications

Supreme Court Articulates Rigorous Standard for Class Certification

Date: 05/17/13

Source: The New York Law Journal. Reprinted with permission.

The U.S. Supreme Court ruled that a district court should not have certified a class of cable subscribers asserting antitrust violations by their cable provider because the plaintiffs did not adequately demonstrate that their damages could be measured on a class-wide basis. A district court declined, for the moment, to certify a class of former high-tech employees to pursue antitrust claims because the broadly defined proposed class could have included members who were not harmed by the employers’ alleged agreements to restrict employee mobility and suppress their compensation.

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