Class Action

MCLE program this week: Class Action Litigation (Rutter Group)

Posted on May 20, 2013
This week, the Rutter Group will present "Class Action Litigation: New Strategies for California Practitioners." The program will take place in San Francisco at Hotel Nikko on Wednesday, May 22, 2013 from 6:00-9:15 p.m. (registration begins at 5:30) and in...

Two Ninth Circuit class action settlement decisions: In re: HP Inkjet Printer Litigation and Radcliffe v. Experian

Posted on May 17, 2013
The Ninth Circuit has handed down two opinions in recent weeks addressing class action settlements. In Radcliffe v. Experian Information Solutions Inc., ___ F.3d ___ (9th Cir. Apr. 22, 2013; mod. May 2, 2013), the court reversed final approval because...

New post-Brinker class certification opinion: Faulkinbury v. Boyd & Assoc.

Posted on May 16, 2013
Last Friday, in Faulkinbury v. Boyd & Associates, Inc., ___ Cal.App.4th ___ (May 10, 2013), the Court of Appeal (Fourth Appellate District, Division Three) reversed the trial court's order denying class certification of overtime, meal period, and rest break claims...

Briefs from Duran v. U.S. Bank N.A.

Posted on May 15, 2013
The merits briefing is complete in Duran v. U.S. Bank National Association, no. S200923 (review granted May 16, 2012). Numerous amicus briefs have been filed, and the due date for the parties' answers to those briefs has not yet passed....

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Last week's arguments in Rose and Zhang

Posted on May 14, 2013
As I previously reported, last week the Supreme Court heard oral arguments in two cases potentially implicating the ordinary rule that a UCL "unlawful" prong may proceed regardless of whether the legislature intended the "borrowed" law to carry a private...

"Corporations Find a Friend in the Supreme Court"

Posted on May 10, 2013
Last Saturday's New York Times had an interesting article on the U.S. Supreme Court by Adam Liptak. The article discusses Comcast, Dukes and Concepcion.

San Francisco City Attorney files UCL action against Monster Beverage Corp.

Posted on May 09, 2013
On May 6, 2013, the San Francisco City Attorney's office commenced a UCL action against Monster Beverage Corp. The press release and a copy of the complaint, filed in San Francisco Superior Court, are available at this link. The complaint...

Oral argument preview: Zhang v. Superior Court

Posted on May 08, 2013
Today at 1:00 p.m. in San Francisco, the Supreme Court will hear oral argument in Zhang v. Superior Court (Cal. Cap. Ins.), no. S178542: Issues: (1) Can an insured bring a cause of action against its insurer under the unfair...

Oral argument preview: Rose v. Bank of America

Posted on May 07, 2013
This morning at 9:00 a.m. in San Francisco, the Supreme Court will hear oral argument in Rose v. Bank of America, no. S199074: Issue: Can a cause of action under the Unfair Competition Law (Bus. & Prof. Code, § 17200...

U.S. Supreme Court hands down FLSA "pick-off" opinion: Genesis Healthcare Corp. v. Symczyk

Posted on April 16, 2013
This morning the U.S. Supreme Court handed down its opinion in Genesis Healthcare Corp. v. Symczyk, ___ U.S. ___ (Apr. 16, 2013), which involves whether a defendant may "pick off" the representative plaintiff in a collective action brought under the....

Ninth Circuit en banc panel issues narrow arbitration opinion: Kilgore v. KeyBank, N.A.

Posted on April 15, 2013
In its original three-judge panel opinion last year, the Ninth Circuit held in no uncertain terms that under Concepcion, "the FAA preempts the Broughton-Cruz rule." Kilgore v. KeyBank, N.A., 673 F.3d 947, 951 (9th Cir. 2012) (hyperlinks added). We hold...

Congratulations to the 2013 CLAY Award winners, including my Brinker co-counsel

Posted on April 12, 2013
Today is the one-year anniversary of the Supreme Court's issuance of its opinion in Brinker. It is an opportune day for me to publicly congratulate my co-counsel, Tracee Lorens and Michael Rubin, who were both selected by California Lawyer magazine...

BREAKING NEWS: Ninth Circuit hands down en banc opinion in arbitration case: Kilgore v. KeyBank, N.A.

Posted on April 11, 2013
Today, the Ninth Circuit handed down its opinion on en banc rehearing in Kilgore v. KeyBank, N.A., ___ F.3d ___ (9th Cir. Apr. 11, 2013). I will have more on the opinion in a later post. The original 3-judge panel...

Upcoming MCLE program on Comcast Corp. v. Behrend

Posted on April 10, 2013
On April 16, 2013 at noon Pacific, the Antitrust and Unfair Competition Law Section and the Labor and Employment Law Section of the State Bar of California will jointly present a webinar called "Comcast v. Behrend ? View from the...

"Lawyers increasingly exposed to Unfair Competition Law liability"

Posted on April 09, 2013
The April 2013 issue of the California Bar Journal has an "Ethics Byte" article by attorney Diane Karpman called "Lawyers increasingly exposed to Unfair Competition Law liability." An excerpt: Sometimes you can see clear trends developing in legal ethics...

Supreme Court puts two UCL cases on May argument calendar: Rose v. Bank of America and Zhang v. Superior Court

Posted on April 08, 2013
Last week, the Supreme Court released its May oral argument calendar. Two UCL cases will be heard. On Tuesday, May 7, 2013 at 9:00 a.m., the Court will hear Rose v. Bank of America, no. S199074. Justice Louis R. Mauro...

Oral argument report: Sonic-Calabasas A, Inc. v. Moreno

Posted on April 04, 2013
Here is the first report on yesterday's argument in n Sonic-Calabasas A, Inc. v. Moreno, No. S174475. My sincere thanks to Eric Kingsley of Kingsley & Kingsley in Encino for attending the argument and taking the time to summarize it...

Supreme Court hears oral argument today in arbitration-related case: Sonic-Calabasas A, Inc. v. Moreno

Posted on April 03, 2013
This morning at 9:00 a.m., the Supreme Court will hear oral argument in Los Angeles in Sonic-Calabasas A, Inc. v. Moreno, S174475. This is an arbitration-related case, and while not a class action, it should be of interest because the...

U.S. Supreme Court remands class certification case for further consideration: Whirlpool Corp. v. Glazer

Posted on April 02, 2013
Yesterday, the U.S. Supreme Court took action in one of the cases I've been following, Whirlpool Corp. v. Glazer, No. 12-322. The Court granted the cert. petition, vacated the Sixth Circuit's opinion and remanded the case back "for further consideration...

Pending cert. petition of interest: Pom Wonderful LLC v. The Coca-Cola Co.

Posted on April 01, 2013
In June, the Ninth Circuit handed down its opinion in Pom Wonderful LLC v. The Coca-Cola Co., 679 F.3d 1170 (9th Cir. 2012), discussed in this blog post. Pom sued Coca-Cola for allegedly mislabeling its "pomegranate blueberry" juice, which according....

U.S. Supreme Court's most recent word on class certification: Comcast Corp. v. Behrend

Posted on March 29, 2013
In Comcast Corp. v. Behrend, ___ S.Ct. ___ (Mar. 27, 2013), handed down on Wednesday, the U.S. Supreme Court addresed Rule 23(b)(3) class certification for the first time since Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, ___ U.S....

New class certification opinion: Dailey v. Sears, Roebuck and Co.

Posted on March 27, 2013
In Dailey v. Sears, Roebuck and Co., ___ Cal.App.4th ___ (Mar. 20, 2013), the Court of Appeal (Fourth Appellate District, Division One) affirmed an order denying class certification of wage and hour claims stemming from the employer's alleged misclassification of...

BREAKING NEWS: U.S. Supreme Court hands down class certification opinion: Comcast Corp. v. Behrend

Posted on March 27, 2013
This morning, the U.S. Supreme Court handed down its opinion on class certification in Comcast Corp. v. Behrend, ___ S.Ct. ___ (Mar. 27, 2013). It is a 5-4 decision and it reverses the class certification order. I will have more...

Court of Appeal strikes down no-class-action arbitration clause as unconscionable: Compton v. Superior Court

Posted on March 26, 2013
In Compton v. Superior Court (American Management Services, LLC), ___ Cal.App.4th ___ (Mar. 19, 2013), the Court of Appeal (Second Appellate District, Division Eight) reversed an order compelling arbitration, finding the arbitration clause unconscionable under Armendariz...

U.S. Supreme Court hears oral argument today in class arbitration case: Oxford Health Plans LLC v. Sutter

Posted on March 25, 2013
Today at 10:00 a.m. Eastern, the U.S. Supreme Court will hear oral argument in a case involving class arbitration, Oxford Health Plans LLC v. Sutter, No. 12-135. When the transcript is posted online later today, it should be available at...

New UCL "unfair" prong opinion: West v. JPMorgan Chase Bank, N.A.

Posted on March 22, 2013
In West v. JPMorgan Chase Bank, N.A., ___ Cal.App.4th ___ (Mar. 18, 2013), the Court of Appeal (Fourth Appellate District, Division Three) nicely summarized the three-way split in authority on "unfair" conduct in UCL consumer actions: Several definitions of ?unfair?...

Off topic: Save the San Francisco Law Library: public hearing next Wednesday

Posted on March 22, 2013
There will be a public hearing next Wednesday, March 27, 2013 at 10:00 a.m. at San Francisco City Hall to discuss whether the City will provide adequate space for the San Francisco Law Library. A couple of weeks ago, the...

U.S. Supreme Court considers CAFA for the first time: The Standard Fire Insurance Co. v. Knowles

Posted on March 21, 2013
On Tuesday, the U.S. Supreme Court handed down an opinion in which it considered CAFA for the first time. The Standard Fire Ins. Co. v. Knowles, ___ S.Ct. ___ (Mar. 19, 2013). The Court held that a pre-certification stipulation not...

New UCL competitor and Prop. 64 standing opinion: Law Offices of Mathew Higbee v. Expungement Assistance Services

Posted on March 20, 2013
In Law Offices of Mathew Higbee v. Expungement Assistance Services, ___ Cal.App.4th ___ (Mar. 14, 2013), the Court of Appeal (Fourth Appellate District, Division Three) held that Prop. 64 did not eliminate UCL actions brought against a competitor whose unlawful...

U.S. Supreme Court hands down CAFA opinion: The Standard Fire Ins. Co. v. Knowles

Posted on March 19, 2013
This morning, the U.S. Supreme Court handed down its opinion in a CAFA case, The Standard Fire Ins. Co. v. Knowles, ___ S.Ct. ___ (Mar. 19, 2013). The case was argued on January 7, 2013. The argument transcript is available...

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