Supreme Court Rules for Client Comcast in Landmark Antitrust Class Action

Kasowitz successfully defended Comcast in three class actions involving millions of cable subscribers alleging antitrust violations as a result of “clustering” in the Boston, Philadelphia and Chicago markets, seeking billions in damages.

Challenge

The Third Circuit certified as a class all Comcast customers in the Philadelphia market. Kasowitz needed to persuade the Supreme Court that the class should be decertified which was a challenge under the then existing standards for class certification.

Solution

The Kasowitz team focused on the Third Circuit’s failure to assess the plaintiffs’ damages model before certifying the class. Partner Sheron Korpus’ cross-examined plaintiffs’ damages expert who admitted that his model assumed all of plaintiffs’ liability theories to be correct, and used that testimony to discredit the model after the lower court dismissed three of the four liability theories.

Results

Relying heavily on Sheron Korpus’ cross-examination of plaintiffs’ damages expert, the Supreme Court ruled for Comcast, decertifying the class and establishing significant class action law precedent. The district court also decertified the class of Chicago area subscribers, dismissed the claims of the individual Chicago plaintiffs and the Boston action, and approved a settlement of a narrower class in Philadelphia, an outstanding result for Comcast.

For more information, contact: Sheron Korpus.