Skip to Content

Get Your FREE Consultation

Blog

US Supreme Court Hears Arguments in Class Actions

November 19, 2012

The United States Supreme Court heard arguments in two cases in which the defendants seek to expand the class action limits of last year’s Wal-Mart v. Dukes case. On November 5, 2012, the Supreme Court heard arguments in Comcast Corp. v. Behrend and Amgen, Inc. v. Conn. Ret. Plans & Trust Funds. Corporate lobbyists hoped that the Comcast case would result in an opinion extending Wal-Mart’s stringent limitations on class actions to the certification realm. Based on the questioning from the Justices, observers think it unlikely the Comcast case will result in a wide-ranging opinion that harms plaintiffs. A substantive opinion is more likely in the Amgen case in which the Ninth Circuit Court of Appeals’ ruling that plaintiffs are not required to prove materiality at certification is at issue. Amgen’s counsel was questioned extensively about why materiality is not automatically a common question that meets the predominance requirement.

The Wal-Mart case heightened the showing required of class action plaintiffs. In the two class action cases currently before the Supreme Court and those that will reach it in the future, litigants will try to persuade the court to either expand or somewhat curtail the limits imposed with the Wal-Mart decision.

TALK TO US NOW
FOR FREE
No Win, No Fee

Review Us

Martin & Jones, PLLC logo

“Forest, once again, my family and I thank you for obtaining another settlement on behalf of my Father. It’s almost uncanny that these checks seem to come at very opportune times. This one comes as we are expecting our fourth grandchild. It will provide her some sound footing towards her future college education, plus help Mom and Dad with the medical expenses. Sometimes, I think my Dad is helping you guys with this. Maybe so. Anyway, thank you again for your hard work.”

Contact Our North Carolina Personal Injury Law Firm

for a Consultation for Your Accident or Medical Malpractice Claim

Call us at 800-662-1234
TALK TO US NOW
FOR FREE
No Win, No Fee

The law firm you choose makes a difference. If you are the victim of an accident or an illness that someone else caused, the North Carolina personal injury law firm of Martin & Jones has the depth of experience, skills and sensitivity to make your road to recovery as smooth as possible. Whether you have experience with the legal system or have never hired a medical malpractice or personal injury lawyer before, our attorneys and staff will do our best to answer your questions, provide clear advice and prepare you and your family for what to expect. If you would like more information or to meet with one of our attorneys, please fill out the form below or call us at 800.662.1234.