COMCAST v. BEHREND

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Case Basics
Docket No. 
11-864
Petitioner 
Comcast Corp., et al.
Respondent 
Caroline Behrend, et al.
Decided By 
Advocates
(for the petitioners)
(for the respondents)
Term:
Facts of the Case 

In 2003, Caroline Behrend, along with Stanford Glaberson, Joan Evanchuk-Kind, and Eric Brislawn, brought an antitrust class action suit against Comcast Corporation. The petitioners were all Comcast cable customers, alleging that the company obtained a monopoly on the cable market in violation of the Sherman Antitrust Act. By contracting with competitors to swap customers and subsume the regional cable markets, the company excluded and prevented competition amongst cable providers in the Philadelphia area. The proposed class of plaintiffs included all cable television customers in the Philadelphia area who subscribe or subscribed to Comcast’s video programming services since December 1999.

In May 2007, the US District Court for the Eastern District of Pennsylvania certified the class, allowing the case to move forward. In light of a new antitrust decision in 2008 on class certification from the U.S. Court of Appeals for the Third Circuit, the District Court reconsidered its certification decision. The court held evidentiary hearings in October 2009, which consisted of dozens of expert testimonies and depositions. Following the hearings, the District Court recertified the class, finding sufficient evidence of a common impact amongst class members and a common methodology available to measure damages on a class-wide basis. Comcast subsequently appealed and the Court of Appeals affirmed the lower court decision.

Question 

Is a district court allowed to certify a class without adequate admissible evidence that damages may be measured and quantified on a class-wide basis?

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COMCAST v. BEHREND. The Oyez Project at IIT Chicago-Kent College of Law. 21 September 2014. <http://www.oyez.org/cases/2010-2019/2012/2012_11_864>.
COMCAST v. BEHREND, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/2010-2019/2012/2012_11_864 (last visited September 21, 2014).
"COMCAST v. BEHREND," The Oyez Project at IIT Chicago-Kent College of Law, accessed September 21, 2014, http://www.oyez.org/cases/2010-2019/2012/2012_11_864.