“Why do I wonder about these two questions? I am worried that the majority may be interpreted to have held that (1) plaintiffs are now required to prove damages on a common basis to show ‘predominance’ and, (2) plaintiffs cannot fall back on bifurcation if they cannot. … Am I overreading Comcast?” University of Miami School of Law Associate Professor Sergio Campos, calling for input on the U.S. Supreme Court’s Comcast v. Behrends ruling, summarized in the March 28, 2013, issue of this Report, and expressing concerns about the reach of a decision requiring courts to “probe behind the pleadings” when considering, as part of a class-certification analysis, whether damages can be measured on a class-wide basis.

Mass Tort Litigation Blog, April 8, 2013.