Davis Polk partner Ted Polubinski discussed with Bloomberg Law a significant appeals court decision that could make it more difficult for investors to obtain class certification in securities litigation. 

The article examines the Fourth Circuit’s ruling in In re: The Boeing Company and its application of Comcast Corp. v. Behrend in assessing whether the plaintiffs offered a sufficiently detailed methodology for calculating damages across the proposed class.

Ted noted that the decision underscores the level of specificity required to establish class-wide damages, explaining that “it makes clear Comcast requires a much more detailed and specific showing.” 

“Boeing Case Gives Investors Tougher Task to Show Class Damages,” Bloomberg Law (July 22, 2026) (subscription required) 

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