BREAKING NEWS: U.S. Supreme Court grants cert. on limited issues in Comcast Corp. v. Behrend

Today, the U.S. Supreme Court announced that it has granted cert. on a limited question in Comcast Corp. v. Behrend, no. 11-864:  

The petition for a writ of certiorari is granted limited to the following question: “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.”

The order was issued today, after the case was relisted seven times. The Third Circuit's opinion is Behrend v. Comcast Corp., 655 F.3d 182 (3d Cir. 2011). 

I hope to have more on this development, including the cert. petition and other documents, later. 

UPDATE:  The following links to documents from the Behrend case are courtesy of SCOTUSblog:

• Opinion below (3d Cir.)
• Petition for certiorari
• Brief in opposition
• Reply of petitioners

Comments

[Elliot Silverman]

The Supreme Court today also granted cert. in Genesis healthCare v. Symczyk, raising the issue of whether a defendant can moot a Collective action under the FLSA by offering a full settlement to the named plaintiff.