Drew’s article on new Supreme Court decision in Tyson Foods case published by ABA Class Action Committee

The Class Actions and Derivative Suits Committee of the ABA Litigation Section has published a “Practice Pointer” article by Andrew McGuinness analyzing one immediate impact of the Supreme Court’s recent decision in Tyson Foods, Inc. v. Bouaphakeo.   You can read the article here. In a nutshell, the analysis of the Court’s majority decision, authored by Justice Kennedy and joined by five other justices, makes clear that there is no requirement that class damages must be determinable by common proofs–as some have argued based on the Court’s prior decision in Comcast Corp. v. Behrend.  Happy reading!  Drew.

p.s. You can read the article on the ABA’s website here.