Did The Earth Just Move? Comcast Suggests Individual Damage Calculations Prevent Class Certification

Is a class action permitted if each class member’s damages would have to be proven separately rather than measured on a class-wide basis?

The Supreme Court’s 5 - 4 majority opinion today in Comcast Corp. v. Behrend raises this fundamental question.  The implications for wage and hour class and collective actions are monumental.

As we have reported previously (read more here), the issue in Comcast was whether the claims of 2 million cable subscribers that Comcast illegally inflated prices were appropriate to litigate together in a class action.  The district court judge and the Third Circuit ruled that class certification was appropriate because common issues of law and fact predominated over issues affecting only individual subscribers.  In particular, the lower courts concluded that the plaintiffs’ expert’s report -- even if flawed --  showed that the amounts subscribers overpaid could be calculated on a class-wide basis.

To read this blog post click here