The U.S. Supreme Court's ruling in an antitrust case has given employers a potent argument in fighting class actions in general.
Although not employment-related, observers say the high court's March 27 ruling in Comcast Corp. et al. v. Caroline Behrend et al. in conjunction with its 2011 ruling in Wal-Mart Stores Inc. v. Betty Dukes et al. means that plaintiffs must provide more proof of damages before they can win class certification.
Labor and Employment Partner Frederick Braid suggests the rulings “are two pretty significant hurdles for class action plaintiffs now to get over in order to become certified as a class, so I would say it should reduce the number of class action cases and reduce the exposure of employers to significant judgments based on very large classes.”
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