Class action damages
Comcast v. Behrend
In brief
The Supreme Court overturned the class approval and ruled that the class was improperly certified under Rule 23(b)(3).
- Where it stands
- Decided
Decided 5-4 · March 27, 2013 · Opinion by Justice Scalia
- What it’s about
- Comcast customers brought an antitrust class action, and the dispute concerned whether they had presented admissible evidence that damages could be measured for the whole group.
- Who it affects
- The Third Circuit’s approval for the customers to pursue the case as one class no longer stands.
Summary: written with AI from the case record.

What it's about
The Supreme Court overturned the Third Circuit’s class-certification decision, ruling that the class was improperly certified under Rule 23(b)(3), a rule for certain group lawsuits.
The dispute focused on whether the customers had admissible evidence that damages could be measured for the group as a whole.
Rule 23(b)(3) sets rules for when certain group lawsuits can proceed as class actions.
Question presented
Is a district court allowed to certify a class without adequate admissible evidence that damages may be measured and quantified on a class-wide basis?
What the Court decided
Holding
Respondents’ class action was improperly certified under Rule 23(b)(3). 655 F. 3d 182, reversed.
- Result
- Reversed
The vote
From the opinions
“Today the Court reaches out to decide a case hardly fit for our consideration.”
What's next
The decision does not specify what further proceedings, if any, will follow.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Audio Recording added: Oral Arguments - Behrend
Opinion added: Behrend
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.