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In this series, we have previously written about the Supreme Court’s 2013 decision in Comcast Corp. v. Behrend, in which the Court held that plaintiffs seeking class certification must show that the damages sought are the result of the class-wide injury alleged in the suit. In Comcast, plaintiffs submitted an expert report on damages that assumed the validity of four separate theories of antitrust liability, but only one of those theories was ultimately accepted by the district court. Because plaintiffs’ damages model did not specify the damages attributable solely to the surviving liability theory, the Supreme Court ruled that plaintiffs “cannot possibly establish that damages are susceptible of measurement across the entire class for purposes of Rule 23(b)(3),” and the Court held that class certification was therefore improper.

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