This post was also written by Daniel I. Booker and Jeremy D. Feinstein. Class certification under Federal Rule of Civil Procedure 23(b)(3) requires a finding that damages attributable to the theory of liability are measurable on a classwide basis, the Supreme Court decided today in Comcast v. Behrend. Justice Scalia, writing for a five-justice majority, emphasized that … Continue Reading
This post was written by Stephen P. Murphy. I was fortunate to be invited as a guest commentator on The Washington Legal Foundation’s video blog, Legally Brief, about the significance of the recent settlement of the Federal Trade Commission v. Intel Corp. administrative complaint. The complaint appears to presage a return of the FTC to active … Continue Reading
This post was also written by Jeremy Feinstein. On May 24, 2010, the United States Supreme Court held, in American Needle, Inc. v. National Football League, et al., that the NFL, its teams, and intra-league ventures, are not a single enterprise for the purposes of Section 1 of the Sherman Act, and therefore the NFL’s … Continue Reading
