SCOTUS Hears Oral Argument in Two Class Action Cases

The Supreme Court of the United States yesterday heard oral argument in two cases that address class certification requirements in federal court.  

Comcast Corp. v. Behrend (Case No. 11-864), presents the following issue: 

Whether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony, to show that the case is susceptible to awarding damages on a class-wide basis.

The Court's docket is available here. Transcripts of the argument are available here. 

Amgen, Inc. v. Connecticut Retirement Plans and Trust Funds (Case No. 11-1085) presents the following issues: 

(1) Whether, in a misrepresentation case under Securities and Exchange Commission Rule 10b-5, the district court must require proof of materiality before certifying a plaintiff class based on the fraud-on-the-market theory; and 

(2) Whether, in such a case, the district court must allow the defendant to present evidence rebutting the applicability of the fraud-on-the-market theory before certifying a plaintiff class based on that theory. 

The Court's docket is here, and transcripts are here. 

The State Bar of California's Labor and Employment Section will present webinars on these decisions within one to two weeks after the Supreme Court issues them.  Stay tuned for more information.