The U.S. Supreme Court will hear oral argument today at 10:00 a.m. Eastern (7:00 a.m. Pacific) in Comcast Corp. v. Behrend, no. 11-864.
Normally, the Court makes oral argument transcripts available later the same day. When the Behrend argument transcript is posted online, it should be available at this link. UPDATE: The transcript has been posted.
SCOTUSblog has a detailed oral argument preview on the case. The Court is expected to elaborate, to some as-yet unknown extent, on Dukes. The Court's statement of the issue reads as follows:
The Third Circuit's opinion is Behrend v. Comcast Corp., 655 F.3d 182 (3d Cir. 2011).
Whether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.