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
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
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