The Ten Most Significant Class Action Cases Of 2013

2013 did not offer the blockbuster docket in front of the Supreme Court that 2011 did, but that didn't stop the Court from issuing a number of opinions whose effects will be felt for some time to come. In addition, a number of other courts took bold steps to either support or constrain class action practice. The key trends coming out of 2013: watch out for predominance, and watch out for tricky settlement provisions. Also, pay attention to the complaint; key flaws can still lurk in there.

1. Comcast Corp v. Behrend (Supreme Court). This case was supposed to be a re-examination of the standard used for expert testimony in class certification. Instead, it became a restatement of the importance of the predominance requirement, and resurrected the idea that variations in damages can defeat class certification. It also sparked a debate among circuit courts about when common issues predominate that all but guarantees the Supreme Court will weigh in again in the next