United States Second Circuit

Order of the district court denying class certification under Federal Rules of Civil Procedure Rule 23(b)(3) is vacated and the case is remanded, where: 1) Comcast Corp. v. Behrend does not require that damages be measurable on a classwide basis for certification under Rule 23(b)(3); and 2) the district court denied class certification solely because it believed that the damages were not measurable on a classwide basis.

Appellate Information

• Decided 02/10/2015
• Published 02/10/2015

Judges

• Droney

Court

• United States Second Circuit

Counsel