In class action cases, a topic of heated debate is the question of what is necessary to certify a class action? The recent case of Walmart Inc. v. Dukes was highly controversial when the Supreme Court ruled that the plaintiffs had not submitted sufficient evidence to support their allegations.
A similar case has just been admitted to the Supreme Court. The case of Comcast Corp. v. Behrend alleges that Comcast, through buying out other cable providers and “swap agreements”, has created a monopoly which allows Comcast to charge artificially high prices for their cable and internet. The judge allowed that the plaintiff had provided sufficient evidence to justify a class action, but Comcast appealed the decision, saying that the methods employed by the plaintiff’s expert witness were inaccurate.
The case will now appear before the Supreme Court and many are anxiously awaiting the decision (which could take as long as a year). On the one hand, a decision like the one made in the Walmart case would support defendants in such cases, who claim that the decision of the lower courts facilitates plaintiffs with weak claims attaining class certification. On the other hand, plaintiffs, such as Behrend, argue that the only concern before certification is whether the plaintiffs have enough evidence to justify a class action – weighing the claims of each side should be reserved for trial.
Although this is not an employment case, the decision will affect all types of class actions including employment class actions.
The employment class action attorneys at Chicago Overtime Law Center have decades of experience litigating wage and hour cases including overtime, meal breaks, vacation pay, and tips in Cook, Lake, Kane, DuPage, Will and McHenry counties. Our offices are conveniently located in Oakbrook Terrace and Chicago, Illinois. If you believe you are not being paid fair wages, contact an Evanston overtime attorney today at 312-869-4095 or fill out our online form.