Ascertainability Sinks Comcast Class Settlement
While ascertainability is often hard-fought in class certification motions, it’s unusual for a class action settlement to crater on ascertainability. But that’s exactly what happened to a Comcast settlement in federal court in Philadelphia earlier this month. When Judge Anita Brody learned that Comcast had… Read More
Second Circuit Says Comcast Does Not Bar Class Certification When Damages Require Individual Proof
Last week the Second Circuit joined a number of other circuits in ruling that the Supreme Court’s decision in Comcast Corp. v. Behrend, 569 U.S. ___, 133 S. Ct. 1426 (2013), does not require plaintiffs seeking class certification under Rule 23(b)(3) to show that damages… Read More