Behrend v. Comcast Corp.’s Empirical Analysis

Citation profile

8 federal appellate · 11 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “not reached the stage of determining on the merits whether the methodology is a just and reasonable inference or speculative.”

   3 later decisions quote this exact passage · from the majority
   e.g. Comcast Corp. v. Behrend · Bhasker v. Kemper Cas. Ins. Co.

2. “[B]ecause the only surviving theory of antitrust impact is that clustering reduced overbuilding, for Dr. McClave's comparison to be relevant, his benchmark counties must reflect the conditions that would have prevailed in the Philadelphia DMA but for the alleged reduction in overbuilding. In all respects unrelated to reduced overbuilding, the benchmark counties should reflect the actual conditions in the Philadelphia DMA, or else the model will identify 'damages' that are not the result of reduced overbuilding, or, in other words, that are not the certain result of the wrong.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Comcast Corp. v. Behrend · 133 S. Ct. 1426 - Comcast Corp. v. Behrend

3. “[a]t the class certification stage we do not require that Plaintiffs tie each theory of antitrust impact to an exact calculation of damages, but instead that they assure us that if they can prove antitrust impact, the resulting damages are capable of measurement and will not require labyrinthine individual calculations.”

   2 later decisions quote this exact passage · from the majority
   e.g. Comcast Corp. v. Behrend · 133 S. Ct. 1426 - Comcast Corp. v. Behrend