The Court also suggested that even if the plaintiffs had tied their expert damages evidence to the overbuilder theory, differences in the nature and type of damages suffered by members of the class could defeat class certification because class members in different regions within the class may have experienced different alleged harm. The Court also included a potentially significant note that, even assuming the McClave model had been able to identify those "subscribers who paid more solely because of the deterrence of overbuilding," it would not have established the commonality of damages required to satisfy Rule 23 unless it also "plausibly showed" that the extent of antitrust impact was the same across all counties or irrelevant to Comcast's ability to charge allegedly anticompetitive prices. Id. at 10–11 n.6. The Court's view is clear: Damages evidence must be closely scrutinized at the class-certification stage and may be sufficiently individualized as to defeat … [Read more...] about U.S. Supreme Court Rejects Class Certification in Comcast v. Behrend
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In February 2015, the U.S. District Court for the Southern District of Texas concluded the 2014 DACA expansion and DAPA creation were unconstitutional and enjoined the 2014 executive action. The U.S. Circuit Court of Appeals for the Fifth Circuit upheld the lower court’s injunction later that year. The Administration appealed that decision to the U.S. Supreme Court. … [Read more...] about Supreme Court’s Decision on Future of DACA and DAPA
In that opinion, Justice Charles Johnson wrote: “Where a system exists permeated with arbitrary decision-making, random imposition of the death penalty, unreliability, geographic rarity, and excessive delays, such a system cannot constitutionally stand.” … [Read more...] about State Supreme Court strikes down death penalty, converts sentences to life in prison
“Their rulings on the 2011 redistricting plan were twice struck down by the (United States) Supreme Court,” Earls said. She said the U.S. Supreme Court later issued a 9-0 ruling overturning one of the plans the state court had upheld, which she said shows it was “an open and shut case.” … [Read more...] about Democrats think they can flip a key seat on the NC Supreme Court. Here are the candidates.
The decision of the SC to upload resolutions with reasons is the outcome, in all probabilities, of the resignation of Justice Jayant Patel, the judge of Karnataka High Court. The collegium of the SC came in for sharp criticism over the issue of this resignation. Justice Jayant Patel was in the line of seniority to become the chief justice of the Karnataka High Court. But before that, he was transferred by the collegium headed by CJI Justice Deepak Misra to Allahabad High Court, where he would be third in seniority for becoming the chief justice. I suppose, sensing injustice being done to him, Justice Patel resigned. It’s not the first time that collegium system has come in for sharp criticism. Previously also, we have seen how competent judges could not reach SC for one or the other reasons. The case in point is of Justice A P Shah, who retired as the chief justice of the Delhi High Court. He was never recommended by SC collegium for his elevation to the Supreme Court. Justice … [Read more...] about Supreme Court Starts Doing What It Preaches; But Much More Needs To Be Done