Opinion analysis: No common ground

Document Type

Blog Post

Publication Date

3-29-2013

Abstract

The majority’s opinion in Comcast v. Behrend transforms a complex issue into a simple one. By doing so, the majority provokes a dissent that, among other things, tries to put the kibosh on one possible interpretation of the majority’s opinion that could be disastrous to antitrust class actions. As in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, both the majority and the dissent in Comcast show a division on the Court over whether class actions require common questions, or common answers

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