Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Comcast v. Behrend

Docket No. Op. Below Argument Opinion Vote Author Term
11-864 3d Cir. Nov 5, 2012
Tr.Aud.
Mar 27, 2013 5-4 Scalia OT 2012

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to the respondents in this case.

Holding: The class action brought by respondents, subscribers to the cable television services provided by petitioner, was improperly certified under Federal Rule of Civil Procedure 23(b)(3), which requires a court to find that the “questions of law or fact common to class members predominate over any questions affecting only individual members,” because the Third Circuit erred in refusing to decide whether the class’s proposed damages model could show damages on a classwide basis. Under proper standards, the model was inadequate, and the class should not have been certified.

Judgment: Reversed, 5-4, in an opinion by Justice Scalia on March 27, 2013.

SCOTUSblog Coverage

DateProceedings and Orders
Nov 30 2011Application (11A534) to extend the time to file a petition for a writ of certiorari from December 19, 2011 to January 18, 2012, submitted to Justice Alito.
Dec 2 2011Application (11A534) granted by Justice Alito extending the time to file until January 18, 2012.
Jan 11 2012Petition for a writ of certiorari filed. (Response due February 13, 2012)
Feb 13 2012Waiver of right of respondents Caroline Behrend, et al. to respond filed.
Feb 29 2012DISTRIBUTED for Conference of March 16, 2012.
Mar 8 2012Response Requested . (Due April 9, 2012)
Apr 9 2012Brief of respondents Caroline Behrend, et al. in opposition filed.
Apr 24 2012DISTRIBUTED for Conference of May 10, 2012.
Apr 24 2012Reply of petitioners Comcast Corporation, et al. filed. (Distributed)
May 14 2012DISTRIBUTED for Conference of May 17, 2012.
May 21 2012DISTRIBUTED for Conference of May 24, 2012.
May 29 2012DISTRIBUTED for Conference of May 31, 2012.
Jun 4 2012DISTRIBUTED for Conference of June 7, 2012.
Jun 11 2012DISTRIBUTED for Conference of June 14, 2012.
Jun 18 2012DISTRIBUTED for Conference of June 21, 2012.
Jun 25 2012Petition 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.".
Jul 20 2012The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 17, 2012.
Jul 23 2012SET FOR ARGUMENT ON Monday, November 5, 2012
Aug 6 2012Letter from counsel for the respondents received. (Distributed)
Aug 7 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Aug 9 2012Record received from U.S.C.A. for 3rd Circuit. (1 box). There are sealed documents in this record.
Aug 14 2012Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Aug 17 2012Joint appendix filed (5 Volumes, 2 with motion to seal). (Statement of costs filed)
Aug 17 2012Brief of petitioner Comcast Corporation, et al. filed.
Aug 17 2012Motion to file Volumes Four and Five of the joint appendix under seal filed by petitioners Comcast Corporation, et al.
Aug 22 2012Motion DISTRIBUTED for Conference of September 24, 2012.
Aug 22 2012The time to file respondent's brief on the merits is extended to and including September 25, 2012.
Aug 24 2012Brief amicus curiae of Intel Corporation filed.
Aug 24 2012Brief amicus curiae of Equal Employment Advisory Council filed.
Aug 24 2012Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Aug 24 2012Brief amicus curiae of DRI - The Voice of the Defense Bar filed.
Aug 24 2012Brief amici curiae of Washington Legal Foundation, et al. filed.
Aug 24 2012Brief amicus curiae of Retail Litigation Center, Inc. filed.
Aug 24 2012Brief amicus curiae of Cato Institute filed.
Aug 24 2012Brief amici curiae of Economists in support of neither party filed.
Sep 4 2012Record received from U.S.D.C. for Eastern District of Pennsylvania. (3 boxes)
Sep 19 2012CIRCULATED
Sep 25 2012Brief of respondents Caroline Behrend, et al. filed. (Distributed)
Sep 26 2012Letter of respondents Caroline Behrend, et al. filed. (Distributed)
Oct 1 2012Motion for leave to file Volumes 4 and 5 of the joint appendix under seal GRANTED.
Oct 2 2012Brief amici curiae of American Antitrust Institute, et al. filed. (Distributed)
Oct 2 2012Brief amici curiae of American Association for Justice, Public Justice, P.C., and AARP filed. (Distributed)
Oct 24 2012Reply of petitioners Comcast Corporation, et al. filed. (Distributed)
Oct 29 2012Motion for leave to file a supplemental volume of the joint appendix under seal filed by petitioners Comcast Corporation, et al. (Distributed)
Oct 29 2012Motion DISTRIBUTED for Conference of November 2, 2012.
Nov 2 2012Motion for leave to file a supplemental volume of the joint appendix under seal GRANTED.
Nov 5 2012Argued. For petitioners: Miguel A. Estrada, Washington, D. C. For respondents: Barry Barnett, Dallas, Tex.
Mar 27 2013Judgment REVERSED. Scalia, J., delivered the opinion of the Court, in which Roberts, C.J., and Kennedy, Thomas, and Alito, JJ., joined. Ginsburg and Breyer, JJ., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
Apr 29 2013JUDGMENT ISSUED.
Jun 3 2013Record returned to U.S.D.C. for Eastern District of Pennsylvania.
Jun 4 2013Record returned to U.S.C.A. for Third Circuit.
 
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