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Supreme Court Makes Certification of Damages Classes More Difficult

March 29, 2013

Summary: The Supreme Court, in a significant ruling that further heightens the requirements for class certification after the Court’s 2011 landmark ruling in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), held on March 27 that, in order to certify a class seeking damages under Rule 23(b)(3), plaintiffs must demonstrate that damages are provable on a classwide basis with common proof, such that individual damages assessments will not overwhelm the litigation.  Comcast Corp. v. Behrend, No. 11-864, 2013 U.S. LEXIS 2544 (Mar. 27, 2013).

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