Behrend decision, which instructed judges to take a closer look at the evidence plaintiffs plan to use in class actions to see whether all the class members can really claim similar damages.
Behrend, scheduled for argument Nov. 5, in which Comcast is challenging an appeals court decision allowing a class action to proceed on behalf of all of its Philadelphia customers even though Comcast argues there is no economic theory that could explain how to award damages to them.