class actions; U.S. Supreme Court; Rule 23 class certification; Dukes

supreme court.jpgCo-authored by Richard Alfred and Patrick Bannon

Is a class action permitted if each class member’s damages would have to be proven separately rather than measured on a class-wide basis?

The Supreme Court’s 5 – 4 majority opinion today in Comcast Corp. v. Behrend raises this fundamental question.  The implications for wage and