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Expert Analysis

Comcast Turns 1: Trends In Class Certification

Law360, New York ( March 6, 2014, 3:31 PM EST) -- Many of us believed that the U. S. Supreme Court's March 27, 2013, decision in Comcast Corp. v. Behrend[1] signaled a continued trend to make class certification the "exception" rather than the rule. The court's earlier opinion in Wal-Mart v. Dukes required lower courts to analyze the putative class's liability theory to ensure that class members suffer the "same injury. " In Comcast, the court extended its scrutiny to a plaintiff's damages theory, determining that class certification was improper where plaintiff failed to establish that damages could be measured on a classwide basis. . . .

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