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

“Thank you so much for everything that you did for Gene and I in our lawsuit and trial. We appreciate all of the hard work, long hours and care that was shown to us. All of you are such special people to us. We are so fortunate to have been represented by the five of you. I hope that you got the chance to get some well deserved rest and sleep.  Thanks again for everything. Sincerely…”

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.