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March 7, 2013

By: Julia B. Strickland, Stephen J. Newman

This Stroock Special Bulletin discusses the United States Supreme Court's opinion in Comcast Corp. v. Behrend. In Comcast, the Supreme Court considered whether "[class] certification was improper because [plaintiffs] had failed to establish that damages could be measured on a classwide basis." Answering this question, the Supreme Court made clear that the ability to prove damages on a classwide basis is a relevant inquiry at the class certification stage.