The US Supreme Court overturns class certification, upholdding Rule 23 “rigorous analysis” (Comcast / Behrend)

Comcast v. Behrend: Supreme Court overturns class certification, upholds Rule 23 “rigorous analysis”* In Comcast Corp. et. al. v. Behrend, et. al., the Supreme Court of the United States, in a 5-4 decision written by Justice Antonin Scalia, reaffirmed the Court’s recent holding in Wal-Mart v. Dukes that district courts must conduct a “rigorous analysis” to ensure that the requirements of Rule 23 have been satisfied, even if doing so requires consideration of the merits of the plaintiffs’ claims. The decision reversed the US Court of Appeals for the Third Circuit and held that the trial court had improperly certified a class in this antitrust action. The Court said the plaintiffs failed to establish a sufficient connection between their alleged theory of liability and their claimed

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David H. Bamberger, Robert E. Connolly, Eliot T. Burriss, The US Supreme Court overturns class certification, upholdding Rule 23 “rigorous analysis” (Comcast / Behrend), 27 March 2013, e-Competitions Bulletin March 2013, Art. N° 59663

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