On Monday, the U.S. Supreme Court relisted the Behrend case for the fifth time. Comcast Corp. v. Behrend, no. 11-864. It was scheduled for conference on Thursday, June 7, and if it is not relisted again, the up-or-down vote on certiorari should be announced in the Court's order list on Monday, June 11.
This case involves class certification of antitrust claims and could provide an opportunity for elaboration on Dukes. The Third Circuit's opinion is Behrend v. Comcast Corp., 655 F.3d 182 (3d Cir. 2011).
UPDATE: On Monday, June 11, 2012, the case was relisted yet again, for the conference of June 14, 2012. We'll have to check the docket again on the 18th.
UPDATE: On Monday, June 18, 2012, the case was relisted again for the conference of June 21, 2012. Check back on June 25. I'm pretty sure this sort of serial relisting is not normal.
UPDATE: On June 25, 2012, the Supreme Court granted cert. in this case.
Comments