Supreme Court Rules That Rigorous Analysis Of Plaintiffs’ Damages Claims Is Required For Class Certification

The Supreme Court just issued an important decision reinforcing the need for rigorous analysis of class action plaintiffs' claims that damages can be determined on a class-wide basis. In Comcast Corp., et al. v. Behrend, et al., No. 11-864, 569 U.S. __ (March 27, 2013), a five-member majority of the Court reversed a judgment of the Third Circuit Court of Appeals upholding the certification of a class of antitrust plaintiffs. The Supreme Court held that the plaintiffs' damages model failed to show that plaintiffs could prove damages on a class-wide basis. The Court's decision makes clear that the rigorous analysis required by Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), applies to damages claims in antitrust class actions, even when it requires courts to inquire into the merits of the plaintiffs' claims.