Comcast Oral Argument Raises Interesting Questions Surrounding the Application of Daubert to Class Certification

By John Lewis on November 7, 2012 Posted in Class Certification

On November 5, 2012 the U.S. Supreme Court heard arguments in Comcast Corporation v. Behrend, No. 11-864 which arose from an action brought by Philadelphia cable subscribers alleging that Comcast monopolized Philadelphia’s cable market and excluded competition in violation of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1-2. Transcript of the … Continue Reading

Ninth Circuit Remands Sex Discrimination Case in Light of Dukes

By Greg Mersol on September 20, 2011 Posted in Class Certification, Discrimination

If there was a case that might indicate what the Ninth Circuit would do in the wake of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes.pdf, 131 S. Ct. 2541 (2011), it was that of Ellis v. Costco Wholesale Corp., Case No. CV-04-3341-MHP (N.D. Cal.). The Ellis case was, like Dukes, a putative … Continue Reading

Daubert Standards Should Apply to Experts at the Class Certification Stage

By Greg Mersol on August 3, 2011 Posted in Class Certification

It has been a slightly over a month now since the United States Supreme Court announced its blockbuster decision in Wal-Mart Stores, Inc. v. Dukes.pdf, 564 U.S. ___ (2011), and commentators have written at length about various aspects of the decision. One area that has drawn less attention, however, is a very brief portion of … Continue Reading