Supreme Court Considers Evidence Needed for Certification of Broad(band) Class

In the year and a half since the United States Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, litigants, courts and even the Supreme Court itself have continued to analyze the legal standard for certification of Rule 23 class actions. The Supreme Court heard oral argument yesterday in Comcast Corp. v. Behrend, a case that could have important implications for wage and hour class actions, and perhaps collective actions as well.

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