Recent Second Circuit decision interprets Comcast

In Roach v. T.L. Cannon Corp., the Second Circuit examined the effect of the Supreme Court’s recent decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013). More specifically, the issue in Roach was whether Comcast meant that “a class cannot be certified...simply because damages cannot be measured on a classwide basis.” According to the Second Circuit, Comcast did not so hold. Instead, as the court explained, “Comcast’s holding was narrower.” The Second Circuit held that Comcast merely required classwide damages be calculated using the same theory of injury, not that all damages must be uniform: “Comcast held that a model for determining classwide damages relied upon to certify a class under Rule 23(b)(3) must actually measure damages that result from the class’s asserted theory of injury; but the Court did not hold that proponents of class certification must rely upon a classwide damages model to demonstrate predominance.”

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