US Supreme Court Reinforces “Rigorous Analysis” of Class Certification Requirements in Comcast Ruling

Following on the heels of Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011), the Supreme Court’s recent 5-4 decision in Comcast Corp. v. Behrend, 569 U.S. __ (2013) reinforces that courts must undertake a “rigorous analysis” of Rule 23’s prerequisites for class certification – including those under Rule 23(b)(3) – and that such analysis frequently will require “the court to probe behind the pleadings.” This ruling again raises the bar for class certification in antitrust and other types of complex class actions.