Jenner & Block

“Certifying Damages Class Actions after ‘Comcast,’” New York Law Journal

In this article, Jenner & Block Partner Michael W. Ross and Associate Gretchen O. Stertz analyze the implications of recent Second Circuit rulings in two class action disputes.  The authors explain that the Second Circuit narrowly interpreted Comcast v. Behrend, the US Supreme Court opinion in which certification of a class action was reversed because the plaintiffs failed to present proof that their class-wide damages theory could support their liability claim.  In the two recent cases, the Second Circuit held that the existence of individual damages determinations is just one factor for district courts to consider in deciding whether to certify a class action.  The authors examine the Comcast decision and the two recent cases, observing that “together, these rulings appear to signal the Second Circuit’s commitment to afford district courts discretion to certify class actions even in the wake of tightening Supreme Court precedent.”