Firm Memoranda

Comcast Corp. v. Behrend: The Supreme Court Holds That Rule 23(b)(3) Class Certification Requires Consistent Proof of Predominance with Respect to Liability and Damages

Date: 03/29/13

In a 5-to-4 decision, the Supreme Court held in Comcast Corp. v. Behrend that class certification under Rule 23(b)(3) of the Federal Rules of Civil Procedure (“Rule 23(b)(3)”) requires courts to engage in a “rigorous analysis” to determine that plaintiffs have sufficiently demonstrated that both liability and damages are capable of proof on a classwide basis and that although damages calculations offered at this stage need not be exact, they must be “consistent” with the theory of liability offered by plaintiffs.

CGR Memo - The Supreme Court holds that Rule 23(b)(3) class certification requires consistent proof of predominance.pdf (pdf | 107.43 KB )