Brief of the American Antitrust Institute and the American Independent Business Alliance as Amicus Curiae in Support of Respondents, Comcast Corp. v. Behrend, Supreme Court of the United States

37 Pages Posted: 28 Nov 2012

See all articles by Joshua P. Davis

Joshua P. Davis

UC Law, San Francisco

Albert Foer

American Antitrust Institute (AAI)

Randy Stutz

American Antitrust Institute (AAI)

Date Written: October 2, 2012

Abstract

In Comcast Corp. v. Behrend, the United States Supreme Court will decide at least one of two issues regarding class certification: (1) whether plaintiffs seeking to certify a class must provide evidence that is admissible, including only expert evidence that can survive a Daubert challenge; and (2) whether plaintiffs must show that a case is susceptible to awarding damages on a class-wide basis for a court to certify a class under Rule 23(b)(3). The first issue is about how plaintiffs must make their showing — using admissible evidence? — and the latter about what showing plaintiffs must make. This amicus brief filed on behalf of the American Antitrust Institute and the American Independent Business Alliance attempts to guide the Supreme Court so that it does not inadvertently disrupt settled doctrine about the second issue: what showing plaintiffs must make to have a court certify a class.

Keywords: Comcast Corp. v. Behrend, class certification, class action, Federal Rule of Civil Procedure 23, Daubert, expert testimony

Suggested Citation

Davis, Josh Paul and Foer, Albert and Stutz, Randy, Brief of the American Antitrust Institute and the American Independent Business Alliance as Amicus Curiae in Support of Respondents, Comcast Corp. v. Behrend, Supreme Court of the United States (October 2, 2012). Available at SSRN: https://ssrn.com/abstract=2181493 or http://dx.doi.org/10.2139/ssrn.2181493

Josh Paul Davis (Contact Author)

UC Law, San Francisco ( email )

200 McAllister Street
San Francisco, CA 94102
United States

HOME PAGE: http://uclawsf.edu

Albert Foer

American Antitrust Institute (AAI) ( email )

1730 Rhode Island Avenue, NW
Suite 1100
Washington, DC 20008-1022
United States

Randy Stutz

American Antitrust Institute (AAI) ( email )

1730 Rhode Island Avenue, NW
Suite 1100
Washington, DC 20008-1022
United States

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