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Comcast v. Behrend Remains Live: District Court Thwarts Plaintiffs’ Effort To Moot Case By Invoking Unconsummated Settlement

By Archis A. Parasharami on October 3, 2012
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The Supreme Court will be hearing oral arguments in Comcast Corp. v. Behrend, No. 11-864, on November 5. In a nutshell, the issue is whether a federal district court must resolve challenges to an expert witness’s testimony concerning whether damages can be awarded on a class-wide basis before deciding whether to certify a class. Please see our previous report for more information about the case.

Soon after certiorari was granted, the plaintiffs sought to derail Supreme Court review, arguing that the parties had reached an enforceable settlement before the Supreme Court had granted certiorari by signing a “terms sheet” after a full day’s mediation session. The National Law Journal reported on that effort here (subscription required).

Last week, the federal district court in Pennsylvania rejected the plaintiffs’ effort to enforce the terms sheet, explaining that the “Term Sheet is not a completed, binding contract; it is merely an ‘agreement to agree’ that is not capable of being enforced.” Behrend v. Comcast Corp., No. 2:03-cv-6604 (E.D. Pa. Sept. 25, 2012), slip op. at 12-13. The full opinion is worth a read, not only for its discussion of the law governing when draft settlement terms may be enforced, but also for a rare public glimpse into the back-and-forth negotiations between potentially settling parties.

The decision is also good news for those who watch the Supreme Court: Comcast is (so far) likely to be the most significant class-action case on the Court’s docket this Term. We’ll be keeping a close eye on the case.

Photo of Archis A. Parasharami Archis A. Parasharami

Archis A. Parasharami, a litigation partner in Mayer Brown’s Washington DC office, is a co-chair of the firm’s Consumer Litigation & Class Actions practice, recently named by Law360 as one of the top five class action groups of the year. He also is…

Archis A. Parasharami, a litigation partner in Mayer Brown’s Washington DC office, is a co-chair of the firm’s Consumer Litigation & Class Actions practice, recently named by Law360 as one of the top five class action groups of the year. He also is a member of the firm’s Supreme Court & Appellate practice.

Archis routinely defends businesses in class action litigation in federal and state courts around the country. He brings substantial experience to all aspects of complex litigation and class actions, with a particular focus on strategy issues, multidistrict litigation, and critical motions seeking the dismissal of class actions or opposing class certification. He also has helped businesses achieve settlements on highly favorable terms in significant class actions. Archis frequently speaks on developments in the class action arena, and has been quoted on a number of occasions in the National Law Journal, Corporate Counsel, and the Wall Street Journal Law Blog.

Read Archis’ full bio.

Read more about Archis A. ParasharamiEmail
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  • Posted in:
    Class Action & Mass Torts
  • Blog:
    Class Defense Blog
  • Organization:
    Mayer Brown
  • Article: View Original Source

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