"Comcast Corp v Behrend" and Chaos on the Ground

'Comcast Corp v Behrend' stands as merely one of the latest battlegrounds on which critical class action issues have been fought. The case is unique, however, insofar as it is the most prominent battleground on which critical class-certification issues will 'continue to be fought'...

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Bibliographic Details
Published in:The University of Chicago law review 2014-07, Vol.81 (3), p.1213-1259
Main Author: Parkinson, Alex
Format: Article
Language:English
Subjects:
Antitrust
Antitrust law
Civil damages
Civil procedure
Class action lawsuits
Class actions (Civil procedure)
Comments
Impact damage
Individualization
Legal liability
Liability (Law)
Litigation
Lower courts
Plaintiffs
State court decisions
Statutory interpretation
Supreme Court decisions
U.S. states
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Summary:'Comcast Corp v Behrend' stands as merely one of the latest battlegrounds on which critical class action issues have been fought. The case is unique, however, insofar as it is the most prominent battleground on which critical class-certification issues will 'continue to be fought', owing to its ambiguity. To wit, interpreting precisely what 'Comcast' stands for has proven a vexatious task-stumping nearly two hundred lower courts thus far.
ISSN:0041-9494
1939-859X