Under Comcast v. Behrend, a plaintiff seeking certification of a damages class must present a model capable of measuring damages on a classwide basis that is consistent with the liability theory certified.
A model that measures harm from conduct beyond the certified theory does not satisfy predominance.
Alternative Names:
Comcast Requirement, Damages Methodology Requirement
Why it Matters?
Comcast gave defendants a concrete methodological attack on certification rather than a general argument that damages vary. The productive approach is to force the plaintiff's expert to demonstrate that the model isolates the certified theory, since models built for a broader theory frequently cannot be disaggregated. Courts have divided on how rigorously to apply the requirement, so circuit authority matters.
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Related terms
Frequently asked questions
What does Comcast require?
Is expert testimony required at certification?
