Legal Opinion
Roach v. T.L. Cannon Corp.
Court of Appeals for the Second Circuit
Decided February 10, 2015No. 13-3070-cvPublishedCited by 154 opinions
1Opinion of the Court
DRONEY, Circuit Judge:
This appeal presents the question of whether the Supreme Court’s decision in Comcast Corp. v. Behrend, — U.S. -, 133 S.Ct. 1426, 185 L.Ed.2d 515 (2013), overruled the law of this Circuit that class certification pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure cannot be denied merely because damages have to be ascertained on an individual basis. The United States District Court for the Northern District of New York (McAvoy, J.) concluded that Comcast permits certification under Rule 23(b)(3) only when damages are measurable on a class-wide basis, and…
2Cases cited20 opinions
- Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
- Comcast Corp. v. BehrendSupreme Court of the United States · 2013
- Myers v. Hertz Corp.Court of Appeals for the Second Circuit · 2010
- Bridge v. Phoenix Bond & Indemnity Co.Supreme Court of the United States · 2008
- Gina Glazer v. Whirlpool CorporationCourt of Appeals for the Sixth Circuit · 2013
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3Cited by154 opinions
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- Neale v. Volvo Cars of North America, LLCCourt of Appeals for the Third Circuit · 2015
- Johnson v. Nextel Communications Inc.Court of Appeals for the Second Circuit · 2015
- Geri Siano Carriuolo v. General Motors CompanyCourt of Appeals for the Eleventh Circuit · 2016
- Langan v. Johnson & Johnson Consumer Cos.Court of Appeals for the Second Circuit · 2018
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