Comcast Corp. v. Behrend

Summary

The United States Supreme Court held that a class action brought by Comcast subscribers was improperly certified under Federal Rule of Civil Procedure 23(b)(3). The Court concluded that the plaintiffs' damages model did not measure damages attributable to the sole theory of antitrust impact accepted for class treatment and therefore could not establish that damages were measurable on a classwide basis. The Court reversed the judgment of the Third Circuit.

Holdings

1. A court evaluating class certification must conduct a rigorous analysis of Rule 23's prerequisites, even when that analysis overlaps with the merits of the underlying claim.
2. A damages model supporting class certification must measure only damages attributable to the theory of antitrust liability accepted for class treatment; a model that does not do so cannot establish that damages are susceptible of classwide measurement.
3. The class was improperly certified because respondents could not show, through their damages model or another methodology, that damages attributable to the accepted theory could be measured on a classwide basis; individual damage calculations would therefore overwhelm common questions.

Questions Presented

1. Whether a district court may certify a Rule 23(b)(3) class without resolving merits-related arguments bearing on whether the Rule 23 requirements are satisfied.
2. Whether respondents' damages model established that damages attributable to the accepted overbuilder-deterrence theory could be measured on a classwide basis.
3. Whether the class action was properly certified under Rule 23(b)(3)'s predominance requirement.

Disposition

reversed