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Class action damages

Comcast v. Behrend

Updated Oct 19, 2026

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.

Illustration for Comcast Corporation v. Caroline Behrend
Conceptual illustration · AI-generated

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

  • Joined the judgment
  • Dissented
  • Wrote an opinion
Majority · 5joined the Court's opinion
  1. Thomas
  2. Scaliawrote the opinion
  3. Kennedy
  4. Roberts
  5. Alito
Dissenting · 4disagreed with the result
  1. Breyerwrote a dissent
  2. Kagan
  3. Ginsburgwrote a dissent
  4. Sotomayor
5 justices joined the judgment, 4 dissented.

From the opinions

“Today the Court reaches out to decide a case hardly fit for our consideration.”

— Justice Breyer(dissent)

What's next

The decision does not specify what further proceedings, if any, will follow.

Documents

2

Docket activity

10
  • New analysis added

    Oct 19, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 19, 2026 · Generated

  • New analysis added

    Oct 19, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 19, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 19, 2026 · Generated

Show 5 more
  • AI analysis generated: Decision Record

    Oct 19, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 19, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 17, 2026 · Court records

  • Audio Recording added: Oral Arguments - Behrend

    Oct 30, 2014 · Court records

  • Opinion added: Behrend

    Mar 27, 2013 · Court records

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.

Checked Oct 19, 2026Methodology

Court records and filings

Reporting and analysis