United States Supreme Court

Plaintiffs' class action, alleging violations of the federal antitrust laws, was improperly certified under Federal Rule of Civil Procedure 23(b)(3), where: 1) the Third Circuit ran afoul of Supreme Court precedents when it refused to entertain arguments against plaintiffs' damages model that bore on the propriety of class certification simply because they would also be pertinent to the merits determination; and 2) under the proper standard for evaluating certification, plaintiffs' model falls far short of establishing that damages can be measured class-wide.

Appellate Information

• Decided 03/27/2013
• Published 03/27/2013

Judges

• SCALIA

Court

• United States Supreme Court

Counsel