Class Action

Oral argument scheduled in Pfizer, Inc. v. Superior Court (Galfano)

By Kimberly A. Kralowec

The Court of Appeal for the Second Appellate District, Division Three, has scheduled oral argument in Pfizer v. Superior Court (Galfano), no. B188106, one of the Tobacco II "grant and hold" cases.  The argument will take place on Monday, December 7, 2009 at 9:30 a.m. in Los Angeles.  If anyone would like to attend and prepare a report of the oral argument for posting here, I would be glad to hear from you.

I have copies of the parties' supplemental briefs filed pursuant to Rule of Court 8.200(b)(1) as well as the two amicus briefs:

• Supplemental Brief of Real Party in Interest Steve Galfano (filed 09/03/09)
• Supplemental Brief of Petitioner Pfizer, Inc. (filed 09/18/09)
• Amicus Curiae Brief of Chamber of Commerce of the U.S. (filed 09/22/09)
• Amicus Curiae Brief of Consumer Attorneys of California (filed 10/27/09)

On November 6, 2009, the parties filed replies to the two amicus briefs, but I have not yet received copies of those.  CAOC's amicus brief was written by yours truly, with critical assistance from fellow CAOC Board member David Arbogast.  Thanks again, David!

Meanwhile, supplemental briefs have also been filed in the other Tobacco II "grant and hold" case, McAdams v. Monier, no. C051841 (Third Appellate District).  In that case, however, there is no indication that the Court intends to conduct further oral argument. 

Also, the McAdams panel rejected my application to file an amicus brief on behalf of CAOC.  The order did not say why, and I honestly cannot fathom the reason.  I'd file the same brief all over again because I can't see what was wrong with it.  I wish the order had given a reason so that next time I could correct whatever it was that led them to reject the brief.  In any event, McAdams is another case to follow closely. 

Full post as published by The UCL Practitioner on November 17, 2009 (boomark / email).