Class Action
The UCL Practitioner 
On California's Unfair Competition Law (Bus. & Prof. Code §§17200 et seq.) and California Class Actions.
Post Frequency: 1.2/day Last Entry: November 21, 2009 at 09:00:00 Recent Entries: 414
By Kimberly A. Kralowec, Esq.
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Google Scholar now offering free online case law
Posted on November 21, 2009My favorite online source for free case law has been Findlaw.com. Bulk.resource.org is also a very good source for federal material. And now we have Google Scholar. I tried searching for "In re Tobacco II Cases," and it gave me...
"Calif. Contact Lens Class is Certified"
Posted on November 20, 2009Yesterday's National Law Journal had an article reporting on a recent class certification decision issued by Orange County Superior Court Judge David C. Velasquez in a UCL case.
Notes on the ABA's 13th Annual Class Action Institute
Posted on November 19, 2009In October I mentioned that the ABA would hold its 13th Annual Institute on Class Actions on October 30 in San Francisco and November 20 in D.C. Paul Karlsgodt of ClassActionBlawg.com has some interesting notes taken by an attendee in...
Santa Clara County Counsel Impact Litigation and Social Justice Fellowship, 2010-2011
Posted on November 18, 2009The Impact Litigation and Social Justice Section of the Santa Clara County Counsel's Office is accepting applications for a one-year Fellowship beginning next September. "The Section does a good deal of interesting consumer protection work to safeguard the health and...
Oral argument scheduled in Pfizer, Inc. v. Superior Court (Galfano)
Posted on November 17, 2009The 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...
Great CAOC Convention this year!
Posted on November 16, 2009CAOC's 48th Annual Convention has come to a close and it was really great this year. I heard that we had a record turnout notwithstanding the recession, which easily could have impacted attendance. Thanks to everyone who attended my segment...
"When Courts Disagree"
Posted on November 13, 2009Tuesday's Daily Journal had a "perspective" article, "When Courts Disagree," by H. Scott Leviant, author of The Complex Litigator. The full text is available there. An excerpt: The conclusions of the Kaldenbach and Cohen Courts that Tobacco II, a decision...
Multi-Blog Post and Message to Plaintiffs' attorneys: Join CAOC!
Posted on November 12, 2009George Washington once said: Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all. Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates...
Another new opinion interpreting Tobacco II: Princess Cruise Lines, Ltd. v. Superior Court (Wang)
Posted on November 11, 2009In a new opinion handed down yesterday, Princess Cruise Lines, Ltd. v. Superior Court (Wang), ___ Cal.App.4th ___ (Nov. 10, 2009), the Court of Appeal (Second Appellate District, Division Eight) came close to interpreting Tobacco II's notorious footnote 17, but...
U.S. Supreme Court hears argument in CAFA case: Hertz Corp. v. Friend
Posted on November 11, 2009Yesterday, the U.S. Supreme Court heard oral argument in a CAFA case, Hertz Corp. v. Friend, no. 08-1107. Here is my earlier blog post discussing that case. The plaintiffs' position was argued by none other than fellow SFTLA and CAOC...
New class certification decision: Evans v. Lasco Bathware, Inc.
Posted on November 10, 2009In Evans v. Lasco Bathware, Inc., ___ Cal.App.4th ___ (Oct. 13, 2009; pub. ord. Nov. 6, 2009), which was ordered published last Friday, the Court of Appeal (Fourth Appellate District, Division One) affirmed an order denying class certification in a...
"Class Notice in the Electronic Age"
Posted on November 09, 2009The November 2009 isse of California Lawyer has this article by Matt C. Bailey.
Unpublished opinion applies Tobacco II to common-law fraud claim: Whiteley v. R.J. Reynolds Tobacco Co.
Posted on November 06, 2009In a recent unpublished opinion, the Court of Appeal (First Appellate District, Division Two) applied Tobacco II's discussion of actual reliance in a non-class common-law fraud case. Whiteley v. R.J. Reynolds Tobacco Co., Nos. A119345, A121027 (nonpub...
More Supreme Court briefs from Yabsley
Posted on November 04, 2009Many thanks to the blog readers who forwarded the parties' briefs from Yabsley v. Cingular Wireless, no. S716146: Petition for Review (filed 09/29/09) Answer to Petition for Review (filed 10/19/09) I do not yet have a copy of the Reply...
Live-blogging the Northern California Courts Media Conferece
Posted on November 04, 2009I'm at the federal courthouse in San Francisco for the Northern California Courts Media Conference, which this year is focused on new media coverage of the federal courts, including coverage by bloggers. This is the published description of the first...
New decision on insurer liability under the UCL: Zhang v. Superior Court (Cal. Capital Ins. Co.)
Posted on November 03, 2009Last Thursday, in Zhang v. Superior Court (Cal. Capital Ins. Co.), ___ Cal.App.4th ___ (Oct. 29, 2009), the Court of Appeal (Fourth Appellate District, Division Two) held that Moradi-Shalal v. Fireman's Fund Ins. Companies, 46 Cal.3d 287 (1988), did not...
Fall 2009 issue of Competition
Posted on November 02, 2009The Fall 2009 issue of Competition, the journal of the State Bar's Antitrust and Unfair Competition Law Section, is out, and it's a winner. It features four articles, all of which are of interest: "'Socratic Solitaire' ? Implications of In...
Two upcoming SF events of interest
Posted on October 31, 2009Two interesting programs will take place in San Francisco this coming week: The Northern California Courts Media Conference will take place on Wednesday, November 4, 2009, 1:00-5:00 p.m., in the Arizona Room at the federal courthouse in San Francisco...
Ninth Circuit strikes down another no-class-action arbitration clause: Laster v. AT&T Mobility LLC
Posted on October 30, 2009In Laster v. AT&T Mobility LLC, ___ F.3d ___ (9th Cir. Oct. 27, 2009), the Ninth Circuit struck down yet another no-class-action arbitration clause. The Court also held that the Federal Arbitration Act does not preempt California unconscionability law.
Another new opinion interpreting Tobacco II: Cohen v. DIRECTV, Inc.
Posted on October 29, 2009Another opinion interpreting Tobacco II has been published this week: Cohen v. DIRECTV, Inc., ___ Cal.App.4th ___ (Sept. 28,2009; pub. ord. Oct. 28, 2009). Those of you who attended the Consumer Attorneys of San Diego Class Action Symposium last week...
Two more articles on In re Tobacco II
Posted on October 28, 2009The September/October 2009 issue of Forum, the magazine of Consumer Attorneys of California, has an article by yours truly, "UCL Class Actions After In re Tobacco II." The article will soon be availble online to CAOC members. The September 17,...
New Court of Appeal opinion interpreting Tobacco II: Kaldenbach v. Mutual of Omaha Life Ins. Co.
Posted on October 27, 2009In an opinion published yesterday, the Court of Appeal (Fourth Appellate District, Division Three) affirmed an order denying class certification of UCL (and other) claims based on alleged misrepresentations about "so-called 'vanishing premium'" life insurance policies...
New UCL "unlawful" prong decision: Pineda v. Williams-Sonoma Stores, Inc.
Posted on October 26, 2009In Pineda v. Williams-Sonoma Stores, Inc., ___ Cal.App.4th ___ (Oct. 8, 2009; pub. ord. Oct. 23, 2009), the plaintiff raised a UCL "unlawful" prong claim, but later "conceded" the defendant's demurrer based on lack of standing. UCL standing therefore was...
"Court Applies Tobacco II: Prop 64 Changed Standing Requirements, Not Substantive Law"
Posted on October 20, 2009The October 9, 2009 issue of the BNA Class Action Litigation Report features an article on Morgan v. AT&T Wireless Services, Inc., ___ Cal.App.4th ___, 2009 WL 3019780 (Sept. 23, 2009), in which the Court of Appeal applied Tobacco II...
Reminder: two MCLE events this week
Posted on October 19, 2009Two great programs will be taking place this week, one in San Francisco and the other in San Diego: On Thursday, October 22, the State Bar's Antitrust and Unfair Competition Law Section will present its 19th Annual Golden State Antitrust...
Register at half price for the CASD Class Action Symposium, San Diego
Posted on October 19, 2009I've just been told that it's now possible to register for a single day of the two-day Consumer Attorneys of San Diego Class Action Symposium (Oct. 23-24, 2009) for half price, which will include admission to the judges' reception on...
ABA Class Action Institute Oct. 30 in San Francisco and Nov. 20 in D.C.
Posted on October 16, 2009The ABA's 13th Annual National Institute on Class Actions will take place on Friday, October 30, 2009 at the InterContinental Hotel in San Francisco and will repeat on November 20, 2009 at the Willerd InterContinental in D.C. Here is the...
More material from Yabsley v. Cingular Wireless
Posted on October 15, 2009A reader posted a comment asking whether I could put up additional material from Yabsley v. Cingular Wireless, no. S716146, in which a petition for review was filed on September 29, 2009. Here's what I have: Depublication Request of The...
New class settlement objector opinion: Cho v. Seagate Technology Holdings, Inc.
Posted on October 14, 2009In Cho v. Seagate Technology Holdings, Inc., 177 Cal.App.4th 734 (Sept. 15, 2009) (which was handed down while I was away on vacation), the Court of Appeal overruled objections to a classwide settlement, but reversed the final judgment and remanded...
"The Clash Over Class Actions"
Posted on October 13, 2009Today's Daily Journal has an article, "The Clash Over Class Actions" (subscription) about class certification issues raised in various cases pending in the Ninth Circuit and federal district courts within the Ninth Circuit. While there are a few interesting cases...
"This Oracle May be Prophetic"
Posted on October 13, 2009The October 2009 issue of California Lawyer has an interesting article on Sullivan v. Oracle Corp., 557 F.3d 979 (9th Cir. 2009), in which the California Supreme Court has accepted certified questions relating to the UCL. See Sullivan v. Oracle,...
New summary judgment procedure decision: Nazir v. United Airlines, Inc.
Posted on October 12, 2009This post is slightly off-topic, but the opinion is remarkable and all litigators should read it. In Nazir v. United Airlines, Inc., ___ Cal.App.4th ___ (Oct. 9, 2009), the Court of Appeal (First Appellate District, Division Two) reversed an order...
Bloggiversary
Posted on October 08, 2009I can hardly believe that so much time has passed. I created The UCL Practitioner six years ago today (on October 8, 2003).
LACBA program: Thanks for coming!
Posted on October 07, 2009Thanks to all who attended the LACBA program on Tobacco II yesterday! I thought the discussion was very interesting and that we could have gone on talking for at least another hour. Gail always comes up with the best defenses...
Some thoughts on Morgan v. AT&T Wireless
Posted on October 06, 2009I've had a chance to more closely review Morgan v. AT&T Wireless Services, Inc., ___ Cal. 4th ___, 2009 WL 3019780 (Sept. 23, 2009) (a case we'll be discussing during today's Los Angeles County Bar Association program), and it is...
Review granted in UCL remedies case: Clark v. Superior Court (Nat'l Western Life Ins.)
Posted on October 05, 2009Many thanks to the blog reader who pointed out that on September 9, 2009, the Supreme Court granted review in Clark v. Superior Court (National Western Life Ins. Co.), no. S174229. This is the issue on review: Is Civil Code...
Petition for review and depublication requests filed in Yabsley v. Cingular Wireless
Posted on October 02, 2009A petition for review, along with more than one depublication request, has been filed in Yabsley v. Cingular Wireless, no. S716146. Here is the depublication request I filed on behalf of CAOC on September 14, 2009. It basically makes the...
Registration now open for Oct. 6 Los Angeles County Bar Association program on In re Tobacco II
Posted on September 29, 2009Please register to attend "Need a Light? Understanding Voter Limits on Unfair Competition Actions After Tobacco II," sponsored by the Antitrust & Unfair Business Practices Section of the Los Angeles County Bar Association. The program will take place next Tuesday,...
New post-Tobacco UCL decision: Morgan v. AT&T Wireless Services, Inc.
Posted on September 28, 2009I have been away on vacation for a couple of weeks and am catching up on my email and also on developments while I was away. Let me, first of all, thank Miranda for her great live-blog of the advanced...
Live-blogging tonight: "Advanced Seminar: Cutting-Edge Topics in Class Action Litigation"
Posted on September 16, 2009It's almost 5:00 p.m. and I'm preparing to live-blog Cutting-Edge Topics In Class Action Litigation, which is taking place in Oakland at the offices of Wendel, Rosen, Black & Dean LLP. Many thanks to Wendel Rosen, the Alameda County Bar...
Advanced Class Action Seminar to be live-blogged here Sept. 15
Posted on September 10, 2009I'm happy to announce that the "Advanced Seminar: Cutting-Edge Topics in Class Acton Litigation," sponsored by the Alameda County Bar Association, will be live-blogged here on September 15, 2009 at approximately 5:00 p.m. I can't personally attend due to a...
Registration now open for the 19th Annual Golden State Antitrust and Unfair Competition Law Institute
Posted on September 04, 2009Registration is now open for the 19th Annual Golden State Antitrust and Unfair Competition Law Institute, which is scheduled for October 22, 2009 at the Westin St. Francis in San Francisco. The Golden State Institute is sponsored every year by...
Pending appellate cases raising Tobacco-related issues
Posted on September 03, 2009A couple of Court of Appeal cases in which the parties filed supplemental briefs addressing the impact of Tobacco are very close to decision: Shaw v. Bayer Corp. (In re Baycol Cases I & II), no. B204943 (Second Appellate District,...
"Advanced Seminar: Cutting-Edge Topics in Class Action Litigation"
Posted on August 31, 2009On September 15, 2009, the Alameda County Bar Association will present its Advanced Seminar: Cutting-Edge Topics in Class Action Litigation. Registration begins at 4:30 and the program runs from 5:00-7:00 p.m. at the offices of Wendel, Rosen, Black & Dean,...
Confidential to WAPA attendees (you know who you are)
Posted on August 29, 2009It was great seeing everyone at the WAPA event yesterday, and special thanks to M.J. for working so hard to organize it. It was very well done and I'm looking forward to next year already. Let's definitely stay in touch...
New Ninth Circuit class certification decision: Rodriguez v. Hayes
Posted on August 27, 2009In Rodriguez v. Hayes, ___ F.3d ___ (Aug. 20, 2009), the Ninth Circuit reversed an order denying class certification under Rule 23(b)(2) in a federal habeas corpus case. The opinion contains an interesting discussion of the elements of class certification...
Federal post-Tobacco class certification ruling: Plascencia v. Lending 1st Mortgage
Posted on August 26, 2009In Plascencia v. Lending 1st Mortg., ___ F.R.D. ___, 2009 WL 2569732 (N. D. Cal. Aug. 21, 2009), the Court (Judge Claudia Wilken) granted class certification of a UCL claim under Federal Rule of Civil Procedure 23(b)(3), finding that common...
New class certification decision: Ali v. U.S.A. Cab Ltd.
Posted on August 25, 2009In Ali v. U.S.A. Cab Ltd., ___ Cal.App.4th ___ (Aug. 24, 2009), the Court of Appeal (Fourth Appellate District, Division One) affirmed an order denying class certification in a case involving alleged misclassification of workers as independent contractors.
New UCL "safe harbor" decision: Yabsley v. Cingular Wireless, LLC
Posted on August 24, 2009In Yabsley v. Cingular Wireless, LLC, ___ Cal.App.4th ___ (Aug. 19, 2009), the Court of Appeal (Second Appellate District, Division Six) affirmed a judgment following an order sustaining the defendant's demurrer without leave to amend. Slip op. at 1-2...
Supreme Court announcement re court closure days
Posted on August 20, 2009The following notice was recently posted on the Supreme Court's website. In a nutshell, we will have to wait an extra day for conference results during the week of the third Wednesday. Due to California's current fiscal crisis the Supreme...
Transfer orders issued in Tobacco "grant and hold" cases: Pfizer and McAdams
Posted on August 19, 2009Today, the Supreme Court issued transfer orders in the two Tobacco "grant and hold" cases, Pfizer, Inc. v. Superior Court (Galfano), no. S145775, and McAdams v. Monier, no. S154088. McAdams has been transferred back to the Third Appellate District, and...
Complaint in Hiestand v. City of Sacramento
Posted on August 18, 2009Many thanks to the blog reader who forwarded a copy of the complaint filed on August 11, 2009 in Hiestand v. City of Sacramento. This UCL class action case was discussed in an article in the Recorder last week (see...
List of pending Supreme Court cases updated
Posted on August 17, 2009My list of pending California Supreme Court cases that raise issues of interest relating to the UCL, the CLRA, and/or class actions has been updated.
"Tort Reform Leader Brings Class Action Over Towed Car"
Posted on August 14, 2009Today's Recorder has this article about a recently-filed UCL class action. I haven't seen a copy of the complaint yet. If anyone has it, please forward (uclpractitioner@gmail.com). Thanks!
BREAKING NEWS: Rehearing denied in Tobacco
Posted on August 12, 2009This afternoon, the Supreme Court denied rehearing in In re Tobacco II Cases, no. S147345. According to the docket, Chief Justice George remained recused (notwithstanding a substitution of attorneys filed the day before the rehearing petition) and did not participate...
Invitation to comment on proposed rule on court closure days
Posted on August 11, 2009As you may have heard, on July 29, the Judicial Council voted to institute court closure days, as authorized by newly-enacted Government Code section 68106. Here is the Report that led to that vote. The Judicial Council has now issued...
Bridgeport's Eighth Annual Class Action Litigation Conference, Aug. 13-14
Posted on August 10, 2009My partner Miranda Kolbe will be a speaker at Bridgeport's Eighth Annual Class Action Litigation Conference on August 13-14, 2009 at the Hyatt Regency in San Francisco. She will be presenting the plaintiffs' perspective on class certification of UCL claims...
Seventh Circuit decision bearing on standing: Kohen v. Pacific Inv. Management Co.
Posted on August 05, 2009In Kohen v. Pacific Investment Management Co., ___ F.3d ___, 2009 WL 1919013 (7th Cir. Jul. 7, 2009), Judge Posner had this to say about whether, under federal law, unnamed class members' standing must be proven at the class certification...
New federal decision interpreting Tobacco: Baghdasaarian v. Amazon.com, Inc.
Posted on August 04, 2009In Baghdasaarian v. Amazon.com, Inc., ___ F.R.D. ___, 2009 WL 2263581 (C.D. Cal. Jul. 7, 2009), the court granted class certification of a UCL "fraudulent" prong claim, and followed Tobacco's holding that only the named class representative must satisfy the...
MCLE program: "Section 17200 Update After In re Tobacco II Cases"
Posted on August 03, 2009On Wednesday, August 5, 2009 from noon to 1:30, the Bar Association of San Francisco will present "Section 17200 Update After In re Tobacco II Cases" featuring Will Stern and Jim Sturdevant.
Supreme Court discusses UCL "unlawful" prong: Munson v. Del Taco, Inc.
Posted on July 23, 2009In Munson v. Del Taco, Inc., ___ Cal.4th ___ (Jun. 11, 2009), a case involving disability discrimination under the Unruh Civil Rights Act, the Supreme Court discussed the UCL's "unlawful" prong: Gunther also noted that under its interpretation of section...
Recorder Roundtable: Thanks for Coming!
Posted on July 22, 2009Thanks to all who attended the Recorder Roundtable on Prop. 64 and Tobacco this morning. I really enjoyed it and learned a lot from my co-speakers, particularly Will Stern and Trent Norris on the defense side, and also of course...
Reminder: Recorder Roundtable on Tobacco Wednesday in San Francisco
Posted on July 20, 2009Please register to attend the Recorder Roundtable, "Proposition 64: Are the Standards Changing?" scheduled for Wednesday, July 22, 2009, at 9:00 a.m. at the Commonwealth Club in San Francisco. I will be participating along with Will Stern, Reed Kathrein, and...
Massachusetts Supreme Judicial Court strikes down no-class-action arbitration clause: Feeney v. Dell, Inc.
Posted on July 16, 2009In Feeney v. Dell, Inc., ___ N.E.2d ___ (Jul. 2, 2009), the Supreme Judicial Court of Massachusetts struck down a no-class-action arbitration clause as contrary to public policy: We decide in this case whether a statutory right to participate in...
U.S. Supreme Court takes up CAFA case: Hertz v. Friend
Posted on July 15, 2009In June, the U.S. Supreme Court granted certiorari in a CAFA case, Hertz Corp. v. Friend, no. 08-1107. Copies of the cert. petition and other briefs are available at SCOTUSBlog. This is the statement of the question presented: Whether, for...
New Ninth Circuit UCL/CLRA pleading decision: Kearns v. Ford Motor Co.
Posted on July 14, 2009In Kearns v. Ford Motor Co., 567 F.3d 1120 (9th Cir. Jun. 8, 2009), the Ninth Circuit held that "the heightened pleadings standards of Rule 9(b)" applied to UCL and CLRA claims that were "grounded in fraud." In a recent...
Two new opinions on class settlement objections: Consumer Privacy Cases and Clark v. American Residential Services LLC
Posted on July 09, 2009Two new opinions on class action settlement objections have been handed down in the past two weeks: In Consumer Privacy Cases, ___ Cal.App.4th ___ (Jun. 30, 2009), the Court of Appeal (First Appellate District, Division Five) affirmed the final approval...
Blogosphere coverage of Amalgamated and Arias
Posted on July 08, 2009The California Wage and Hour Law Blog for Employees (a new law blog created in January by attorney Steve Pearl) has an interesting post on Amalgamated and Arias. The Complex Litigator also has a detailed post.
Welcome to the 21st century: Electronic Discovery Act signed into law in California
Posted on July 02, 2009At last year's CAOC convention, I pointed out during my presentation, "Discovery Techniques in Class Action Cases," that the California Judicial Council had painstakingly drafted a set of electronic discovery rules for California, but that Governor Schwarzenegger vetoed the implementing...
Recorder Roundtable on Prop. 64, July 22 in San Francisco
Posted on July 01, 2009A Recorder Roundtable on Prop. 64 has been scheduled for July 22, 2009 from 9:00 to 11:00 a.m. at the Commonwealth Club in San Francisco. I will be one of the panelists, along with Will Stern of Morrison & Foerster...
"Class Status Not Needed for Private AG Suits"
Posted on June 30, 2009Mike McKee has an article (subscription) in this morning's Recorder on the PAGA holding in Arias and Amalgamated, which is being hailed as "a victory for employees." This morning's Daily Journal has an article on same topic, "Class-Action Rules Eased...
A quick post on the Arias and Amalgamated holdings
Posted on June 29, 2009The opinions are both up. Here are quick excerpts from the introductions: We hold that an employee who, on behalf of himself and other employees, sues an employer under the unfair competition law (Bus. & Prof. Code, § 17200 et...
BREAKING NEWS: Supreme Court to hand down Arias and Amalgamated decisions Monday
Posted on June 26, 2009This morning the Supreme Court announced that on Monday at 10:00 a.m., it will be handing down its decisions in the Arias and Amalgamated cases, which were argued in early April. These cases address, among other issues, whether formal class...
More Supreme Court developments
Posted on June 11, 2009Today, the Supreme Court granted itself an extension of time (through August 14) to grant or deny the petition for rehearing in Tobacco (docket). Yesterday, the Supreme Court denied review and depublication in the Troyk case (docket). Justices Baxter, Chin...
Supreme Court grants review in Kwikset Corp. v. Superior Court
Posted on June 10, 2009Today, the Supreme Court granted review (unanimously) in another significant Prop. 64 case, Kwikset Corp. v. Superior Court, no. S171845. The Court of Appeal opinion is no longer citable as precedent. My original post on Kwikset is here. Thanks to...
Another blog hiatus and a request to readers relating to Tobacco
Posted on June 08, 2009I'm coming up on a particularly busy period at work and am therefore putting the blog on hiatus once again. You can always reach me at my office by phone (415-788-4220) or by email at uclpractitioner@gmail.com. I will interrupt the...
Petition for rehearing filed in Tobacco
Posted on June 04, 2009On Tuesday, June 2, 2009, a petition for rehearing was filed in In re Tobacco Cases II, no. S147345. The answer will be due on Wednesday, June 10, and the Supreme Court's ruling can be expected by June 17 (unless...
New consumer law blog: Going to Court
Posted on June 03, 2009Consumer Watchdog has launched a new blog, Going to Court, covering consumer law issues in California. On May 19, attorneys Pam Pressley and Harvey Rosenfield had an interesting and lengthy post on the Tobacco decision.
"Supreme Court Appointee Sotomayor?s Judicial Record in Class Actions"
Posted on June 02, 2009Paul Karlsgodt, author of ClassActionBlawg.com, has a very interesting post on Judge Sotomayor's rulings in class action cases. According to Paul, she was a member of the three-judge panels in both In re Visa Check/MasterMoney Antitrust Litigation, 280 F...
Supreme Court affirms reversal of UCL/CLRA judgment: Miller v. Bank of America, NT & SA
Posted on June 01, 2009This morning, the Supreme Court affirmed the Court of Appeal's reversal of a $1 billion verdict in a UCL/CLRA case. Miller v. Bank of America, NT & SA, ___ Cal.4th ___ (Jun. 1, 2009). The opinion contains no particular discussion...
"Consumers win with court's Prop. 64 decision"
Posted on June 01, 2009Today's San Francisco Chronicle has an editorial on the Tobacco decision and Prop. 64.
Supreme Court to hand down opinion Monday in Miller v. Bank of America
Posted on May 29, 2009The Supreme Court announced today that it will be handing down its opinion in Miller v. Bank of America, no. S149178, on Monday at 10:00 a.m. When it is posted, the opinion will be available at this link: Miller v....
Impact of Tobacco on the Walker/G&C Auto Body split in authority
Posted on May 29, 2009I have previously written (see these two posts) about the split in authority respecting whether a plaintiff who has suffered "damages" has Prop. 64 standing to seek injunctive relief, even if the loss does not constitute recoverable restitution. The federal...
Recent Ninth Circuit CAFA decision: Davis v. HBSC Bank Nevada
Posted on May 28, 2009I'm catching up a bit on opinions handed down while I was on a semi-hiatus from blogging. In Davis v. HBSC Bank Nevada, N.A., 557 F.3d 1026 (Mar. 4, 2009), the Ninth Circuit construed the term "citizen" for purposes of...
Recent Ninth Circuit class-action-related decisions: Chalk v. T-Mobile USA, Inc., Hunt v. Imperial Merchant Services, Inc., >Rodriguez v. West Publishing Corp., and Hatfield v. Halifax PLC
Posted on May 27, 2009The Ninth Circuit has handed down a number of interesting opinions relating to class actions in recent months: In Chalk v. T-Mobile USA, Inc., 560 F.3d 1087 (Mar. 27, 2009), the court struck down an arbitration clause with a class...
OFF-TOPIC BREAKING NEWS: Supreme Court upholds Prop. 8: Strauss v. Horton
Posted on May 26, 2009The African race was not in the contemplation of the framers of the Constitution when privileges and immunities were provided for the protection of the citizen. Dred Scott v. Sandford, 60 U.S. 393 (1856). Neither slavery nor involuntary servitude shall...
Enhanced remedies in UCL actions brought by senior citizens: Clark v. Superior Court (Nat'l Western Life Ins. Co.)
Posted on May 22, 2009In Clark v. Superior Court (Nat'l Western Life Ins. Co.), ___ Cal.App.4th ___ (May 21, 2009), the Court of Appeal (Second Appellate District, Division Seven) held that Civil Code section 3345, which authorizes enhanced remedies in actions by senior citizens...
More amicus letters in support of review in Kwikset Corp. v. Superior Court (Benson)
Posted on May 21, 2009Here are copies of six more amicus letters in support of the petition for review in Kwikset Corp. v. Superior Court (Benson), no. S171845: Amicus Letter of California Teamsters Public Affairs Council (dated 04/28/09) Amicus Letter of Consumer Attorneys of...
More coverage of In re Tobacco II Cases
Posted on May 20, 2009The San Francisco Chroncile reported yesterday that "Class-action lawsuit over tobacco ads proceeds." The article quotes Mark Robinson (who argued on behalf of the plaintiffs in Tobacco) and Will Stern (who authored Prop. 64). There has been more law blog...
"In Loss for Big Tobacco, Calif. Supreme Court Loosens Standing to Sue Under Proposition 64"
Posted on May 19, 2009In an article in this morning's Recorder, Mike McKee writes: "Big Tobacco and other major businesses took a hit Monday when the California Supreme Court ruled that class actions over alleged fraud can go forward, even if it's impossible to...
"California Supreme Court revives class-action suit against tobacco firms"
Posted on May 18, 2009The Los Angeles Times blog, LA Now, already has a report on this morning's Tobacco opinion. An excerpt: The California Supreme Court decided 4-3 today that consumers can file class-action lawsuits against the tobacco industry and other businesses under a...
Supreme Court preserves UCL class actions in In re Tobacco II Cases
Posted on May 18, 2009This morning, the Supreme Court preserved UCL class actions through its opinion In re Tobacco II Cases, ___ Cal.4th ___ (May 18, 2009). Here are some highlights from the majority opinion: The fraudulent business practice prong of the UCL has...
The opinion is up: In re Tobacco II Cases
Posted on May 18, 2009The opinion is up. It is a 4-3 decision, with Justices Baxter, Corrigan, and Chin filing a concurring and dissenting opinion. Here is a paragraph from the introduction to the majority opinion by Justice Moreno: On review, we address two...
"Consumer class-action suits are on trial in California"
Posted on May 17, 2009This morning's Los Angeles Times has an article anticipating tomorrow's Tobacco opinion. The article quotes Harvey Rosenfield, Sharon Arkin, Tim Blood, and Will Stern, among others.
BREAKING NEWS: Supreme Court to hand down In re Tobacco decision on Monday
Posted on May 15, 2009Today, the Supreme Court announced that it will be handing down its decision in In re Tobacco II Cases, no. S147345, on Monday morning. The opinion should be available at this link: In re Tobacco II Cases, ___ Cal.4th ___...
Petition for review filed in Kwikset Corp. v. Superior Court (Benson)
Posted on May 11, 2009On April 6, 2009, a petition for review was filed in Kwikset Corp. v. Superior Court (Benson), no. S171845. The answer and reply have also been filed, as well as a depublication request, and I've heard that multiple amicus letters...
New class member discovery decision: Safeco Ins. Co. v. Superior Court
Posted on May 04, 2009In Safeco Ins. Co. v. Superior Court, ___ Cal.App.4th ___ (Apr. 30, 2009), the Court of Appeal (Second Appellate District, Division Three) held that the trial court did not abuse its discretion by allowing precertification discovery of class member contact...
Supreme Court takes up two cases involving UCL issues: Pineda v. Bank of America and Sullivan v. Oracle
Posted on April 22, 2009Today, the Supreme Court took up two cases involving UCL issues. First, the Court granted review in Pineda v. Bank of America, no. S170758, in which the Court of Appeal (First Appellate District, Division Three) held that Labor Code ?section...
Supreme Court holds that the CLRA does not apply to life insurance: Fairbanks v. Superior Court
Posted on April 20, 2009The Fairbanks opinion is up. Not surprisingly (in light of the oral argument report), the Supreme Court has held that life insurance is not a "good" or a "service" within the meaning of the CLRA. Fairbanks v. Superior Court (Farmers...
Supreme Court to hand down CLRA decision Monday: Fairbanks v. Superior Court
Posted on April 17, 2009The Supreme Court just announced that it will be handing down its opinion in Fairbanks v. Superior Court (Farmers New World Life Ins. Co.), no. S157001, on Monday at 10:00 a.m. That is the case involving whether insurance is a...
Blog hiatus
Posted on April 13, 2009The blog will be on hiatus for a few weeks, interrupted for significant events such as the Tobacco decision. Although I'm taking a brief break from blogging, I'm not taking a break from working. You can reach me by phone...
Oral argument report #2: Arias v. Superior Court (Angelo Dairy)
Posted on April 13, 2009Many thanks to attorney Tom Kaufman for providing a second report on the Arias argument last week. Read Tom's report after the jump. By Tom Kaufman: Arias v. Superior Court Argument - 9:00 AM on April 8, 2009. Petitioner The...
Oral argument reports: Arias and Amalgamated
Posted on April 12, 2009Many thanks to attorney Kelly Chen for attending the Arias and Amalgamated arguments last week and for providing very detailed reports. Read Kelly's reports after the jump. By Kelly Chen: This morning the California Supreme Court heard oral argument in...
Report on Amalgamated and Arias arguments coming soon
Posted on April 10, 2009I have received a report on the Amalgamated and Arias arguments as promised from attorney Kelly Chen, and a second surprise report from another blog reader. I will be getting these up as soon as I can, probably over the...
"State Justices Appear to Lean Toward BofA in Giant Class Action"
Posted on April 08, 2009The Daily Journal has an article this morning on yesterday's argument in Miller v. Bank of America. The article begins: While hearing a giant class action lawsuit against Bank of America Corp. over how it charges bank fees, several California...
Today, tomorrow and the next several weeks
Posted on April 07, 2009This morning, the Supreme Court is hearing oral argument in Los Angeles in Miller v. Bank of America. Right now I'm not expecting to receive a report on that argument. Tomorrow, the Supreme Court is hearing oral argument in the...
U.S. Supreme Court to review attorney fee multipliers: Perdue v. Kenny A.
Posted on April 07, 2009Well, I'm already interrupting my supposed hiatus. Yesterday, the U.S. Supreme court granted cert. in a case involving whether an attorney fee multiplier of 1.75 was appropriately awarded to counsel for the prevailing party in a civil rights action. Perdue...
Broken links to Supreme Court's website
Posted on April 03, 2009The Supreme Court's appellate case information page was down for server maintenance on Tuesday, March 31 (a court holiday in observation of Cesar Chavez Day). Apparently, some sort of alteration was made that changed the links to all of the...
"A Billion Hangs in the Balance"
Posted on April 03, 2009Today's Recorder has this article (subscription) on Miller v. Bank of America, no. S149178, which is scheduled for oral argument on Tuesday. Miller involves, among other things, a UCL "unlawful" prong claim.
Supreme Court denies rehearing in Meyer v. Sprint Spectrum
Posted on April 02, 2009Yesterday, the Supreme Court denied the petition for rehearing in Meyer v. Sprint Spectrum, no. S153846.
Oral argument report: Dukes v. Wal-Mart, Inc.
Posted on March 25, 2009Yesterday afternoon, an eleven-judge en banc Ninth Circuit panel heard oral argument in Dukes v. Wal-Mart, Inc., nos. 04-16688 & 04-16720. Theodore Boutrous of Gibson Dunn & Crutcher argued for Wal-Mart. Brad Seligman of the Impact Fund represented the certified...
Oral argument preview: Dukes v. Wal-Mart, Inc.
Posted on March 24, 2009This afternoon at 2:00 p.m. in San Francisco, an eleven-judge en banc panel of the Ninth Circuit will hear oral argument on rehearing in Dukes v. Wal-Mart, Inc. (see this blog post for more). In 2007, a three-judge panel (with...
A little bit of live-blogging: Dukes v. Wal-Mart
Posted on March 24, 2009I'm now in the courtroom. I've got my mobile device. Unlike the Cal. Supreme Court, the Ninth Circuit allows electronic devices in the courtroom, at least for now, before the argument has begun. Seligman and Boutros are both here. The...
"Wal-Mart En Banc Session Packs House"
Posted on March 24, 2009The Recorder already has this article, dated tomorrow, on this afternoon's argument in Dukes v. Wal-Mart. The piece begins: A feisty Ninth Circuit U.S. Court of Appeals peppered lawyers for Wal-Mart and a gigantic class suing over gender discrimination, with...
Another "no class action" arbitration clause struck down: Sanchez v. Western Pizza Enterprises, Inc.
Posted on March 23, 2009A week after Franco (see this blog post), the Court of Appeal handed down another opinion invalidating a "no class action" arbitration clause. Sanchez v. Western Pizza Enterprises, Inc., ___ Cal.App.4th ___ (Mar. 17, 2009) (Second Appellate Distict, Division Three)...
"Wal-Mart Cuts Class Off at the Pass in Pet Food Case"
Posted on March 20, 2009This article from Wednesday's Recorder provides an example of a federal case in which the court granted a defense motion to preemptively deny class certification. In Picus v. Wal-Mart Stores, Inc., No. 2:07-CV-00682 (order filed 03/16/09), a district judge in...
EEOC files amicus brief supporting class certification in Dukes v. Wal-Mart
Posted on March 20, 2009Today's Recorder reports that yesterday, the EEOC filed an amicus brief supporting class certification in Dukes v. Wal-Mart. The case is still scheduled for argument before the Ninth Circuit en banc panel next Tuesday, March 24.
New UCL restitution opinion: Grodensky v. Artichoke Joe's Casino
Posted on March 19, 2009In Grodensky v. Artichoke Joe's Casino, ___ Cap.App.4th ___ (Mar. 11, 2009), the Court of Appeal (First Appellate District, Division Two) held that employees may recover as UCL "restitution" tips that their employer unlawfully took from them, even though the...
Court of Appeal reissues its opinion in Troyk v. Farmers Group, Inc.
Posted on March 18, 2009In December 2008, the Court of Appeal (Fourth Appellate District, Division One) handed down its original opinion in Troyk v. Farmers Group, Inc., 168 Cal.App.4th 1337 (2008) (see this blog post). Then, in January 2009, the court granted rehearing pursuant...
Fourth annual Bay Area law bloggers gathering tonight
Posted on March 18, 2009Tonight is the fourth annual gathering of Bay Area law bloggers organized by the High Tech Institute at Santa Clara University School of Law and Professor Eric Goldman. I'll be attending and am looking forward to it. All lawyer-bloggers are...
Another "no-class-action" arbitration clause bites the dust: Franco v. Athens Disposal Co.
Posted on March 17, 2009In Franco v. Athens Disposal Co., ___ Cal.App.4th ___ (Mar. 10, 2009), the Court of Appeal (Second Appellate District, Division One) applied Gentry in a case for meal period and rest break violations: [T]he primary issue on appeal is whether...
Ninth Circuit sets Dukes v. Wal-Mart for en banc argument on March 24
Posted on March 16, 2009As I reported in February (see these two posts), the Ninth Circuit granted en banc rehearing to revisit the 2-1 panel decision in Dukes v. Wal-Mart, Inc., 509 F.3d 1168 (9th Cir. 2007). Pursuant to paragraph (3) of the Circuit...
More Supreme Court oral arguments set: Miller, Amalgamated, and Arias
Posted on March 12, 2009This morning, the Supreme Court set the cases listed below for argument on April 7 and 8, 2009 in Los Angeles. I will be seeking roving reporters to cover these arguments and provide reports, so please email me (uclpractitioner@gmail.com) if...
Delayed discovery rule applies to UCL "fraudulent" prong claims: Broberg v. The Guardian Life Ins. Co.
Posted on March 09, 2009In Broberg v. The Guardian Life Ins. Co., ___ Cal.App.4th ___ (Mar. 2, 2009), the Court of Appeal (Second Appellate District, Division Seven) held that the delayed discovery rule applies to UCL claims, or at least those based on violation...
Yesterday?s Oral Argument in Fairbanks v. Los Angeles Superior Court (Farmers New World Life Insurance) S157001
Posted on March 05, 2009Oral argument previews: In re Tobacco II Cases and Fairbanks v. Superior Court
Posted on March 03, 2009Court of Appeal gets out its blue pencil: Kwikset Corp. v. Superior Court (Benson)
Posted on March 02, 2009Judge Brick's "Guidelines on Preliminary Approval of Class Action Settlements"
Posted on February 26, 2009This blog post mentioned that Alameda County Superior Court Judge Steven A. Brick has a handout on preliminary approval motions, including compliance with the Court of Appeal's recent decision in Kullar v. Foot Locker Retail, Inc., 168 Cal.App.4th 116 (2008)...
California Channel to televise argument in In re Tobacco II Cases
Posted on February 26, 2009Yesterday, the Supreme Court granted The California Channel's request for extended media coverage in In re Tobacco II Cases, no. S147345. The California Channel's website does not mention Tobacco yet, but presumably they will provide coverage on their cable station...
Class Action issue of CAOC Forum
Posted on February 25, 2009The January/February 2009 issue of Forum, the magazine of Consumer Attorneys of California, is devoted to the topic of class actions. It includes these articles: "California Class Action Classics" by Elizabeth J. Cabraser (a must-read for anyone who practices in...
Will Stern's Rutter Group UCL seminar next week in San Francisco and Los Angeles
Posted on February 24, 2009Every year, Will Stern, author of the leading UCL practice guide, presents a live UCL seminar in conjunction with the Rutter Group. This year, his co-speakers are Justice H. Walter Crosky of the Second Appellate District, Division Three, and Sharon...
Rehearing petition filed in Meyer v. Sprint Spectrum
Posted on February 23, 2009On February 17, 2009, a petition for rehearing was filed in the Supreme Court CLRA case, Meyer v. Sprint Spectrum, no. S153846. The opinion is available here: Meyer v. Sprint Spectrum L.P., ___ Cal.4th ___, 2009 WL 197560 (Jan. 29,...
"Adopting Wikis in Law Firms"
Posted on February 21, 2009Yesterday, Law.com had an interesting article on how attorneys can effectively use wikis to create a collaborative reference work for their firm.
Recent federal UCL preemption decision: Lockwood v. Conagra Foods, Inc.
Posted on February 20, 2009The plaintiffs' claim in Lockwood v. Conagra Foods, Inc., ___ F.Supp.2d ___, 2009 WL 250459 (N.D. Cal. Feb. 3, 2009) is that "defendant engages in misleading conduct by advertising its 'Healthy Choice' pasta sauce as 'all natural' when in fact...
Ninth Circuit withdraws opinion in Sullivan v. Oracle Corp. and certifes questions to California Supreme Court
Posted on February 17, 2009Today, the Ninth Circuit issued an order withdrawing its opinion in Sullivan v. Oracle Corp., 547 F.3d 1177 (9th Cir. 2008), and certifying these three questions to the California Supreme Court under Rule of Court 8.548: First, does the California...
"Wal-Mart wins chance to block class-action suit"
Posted on February 16, 2009Saturday's San Francisco Chronicle reported on the Ninth Circuit's order granting en banc rehearing in Dukes v. Wal-Mart (discussed in this blog post from Friday). Now that en banc rehearing has been granted, what happens next? Paragraph (3) of the...
"Dan Harris ? A Flavorful Blawgger"
Posted on February 14, 2009Happy Valentine's Day! Mister Thorne of Set in Style (a blog on legal writing) has an interesting interview with Dan Harris, author of China Law Blog. The interview has some great advice and thoughts on law blogging.
Supreme Court activity this week: Harper v. 24 Hour Fitness and Kullar v. Foot Locker Retail
Posted on February 13, 2009This week, the Supreme Court took action in two cases involving class certification issues. In both cases, it allowed the Court of Appeal opinions to stand: The Court denied review in Harper v. 24 Hour Fitness, Inc., 167 Cal.App.4th 966...
BREAKING NEWS: Ninth Circuit grants en banc rehearing in Dukes v. Wal-Mart, Inc.
Posted on February 13, 2009Today, the Ninth Circuit granted en banc rehearing in Dukes v. Wal-Mart, Inc., in which the three-judge panel (with one judge dissenting) affirmed an order granting class certification of plaintiffs' gender discrimination claims under Title VII. Dukes v...
New class-certification-related opinion: Cristler v. Express Messenger Systems, Inc.
Posted on February 12, 2009In Cristler v. Express Messenger Systems, Inc., ___ Cal.App.4th ___ (Jan. 23, 2009; pub. ord. Feb. 11, 2009), the Court of Appeal (Fourth Appellate District, Division One) declined to reverse an order denying the plaintiff's motion to amend the class...
"Hydrogen Bomb"
Posted on February 11, 2009Professor Linda S. Mullenix of the University of Texas School of Law has an article in today's Recorder on the Third Circuit's recent class certification decision, In re Hyrdogen Peroxide Antitrust Litigation, ___ F.3d ___, 2008 WL 5411562 (3d Cir....
Chief Justice George recused from panel in In re Tobacco II Cases
Posted on February 10, 2009According to the Supreme Court's oral argument calendar notice, Justice Eileen C. Moore of the Fourth Appellate District, Division Three, will be sitting in place of Chief Justice George in In re Tobacco II Cases, no. S147345. A quick Westlaw...
New Second Circuit opinion on "no-class-action" arbitration clauses: In re American Express Merchants' Litig.
Posted on February 09, 2009On January 30, 2009, the Second Circuit refused to enforce a "no-class-action" arbitration clause in a contract between American Express and merchants who accept AmEx cards. In re American Express Merchants' Litig., __ F.3d ___ (2d Cir. Jan. 30, 2009)...
Recent Fifth Circuit American Pipe tolling decision: Taylor v. United Parcel Service
Posted on February 06, 2009Class action junkies, take note. The Fifth Circuit handed down a new opinion on American Pipe tolling just before the end of the year. Taylor v. United Parcel Service, Inc., ___ F.3d ___ (5th Cir. Dec. 30, 2009). [Via Wage...
New UCL public prosecutor decision: People v. iMergent, Inc.
Posted on February 05, 2009In People v. iMergent, Inc., ___ Cal.App.4th ___ (Jan. 20, 2009), the Court of Appeal (Second Appellate District, Division Six) upheld a preliminary injunction prohibiting the defendants from violating the UCL and the Seller Assisted Marketing Plan ("SAMP") Act (Civ...
MORE BREAKING NEWS: Oral argument set in CLRA case, Fairbanks v. Superior Court
Posted on February 04, 2009Thanks to the blog reader who pointed out that yet another case of interest has been set for argument during the first week of March. In Fairbanks v. Superior Court, no. S157001, the Supreme Court will consider whether insurance is...
UCL/CLRA case filed against Coca-Cola based on alleged misrepresentations about VitaminWater
Posted on February 03, 2009You may have read news reports (such as this one from Law.com) about the false advertising case recently filed in the Northern District of California against Coca-Cola Co. for its VitaminWater product. Here is a copy of the complaint. It...
Deadline to apply for State Bar Executive Committees extended to Feb. 17, 2009
Posted on February 03, 2009I have been reliably informed that the deadline to submit your application (including letters of recommendation) to become a member of the Executive Committee of the State Bar's Antitrust and Unfair Competition Law Section (as well as the other Sections)...
BREAKING NEWS: Oral argument scheduled on Prop. 64 issues in In re Tobacco II Cases
Posted on February 03, 2009Today, the Supreme Court scheduled the oral argument in In re Tobacco II Cases, no. S147345. The argument will take place on Tuesday, March 3, 2009 at 9:00 a.m. in San Francisco. As I'm sure you all know, these are...
The UCL Practitioner now available on Amazon for Kindle users
Posted on February 02, 2009Those of you with Kindle devices may now subscribe to The UCL Practitioner via Amazon and take the blog with you wherever you go. Appropriately, I will receive royalties on any such subscriptions (the bargain price is $0.99/mo.). Sometimes, I...
More coverage of Meyer v. Sprint Spectrum
Posted on January 30, 2009Today's Recorder reports that "CLRA Suits Require Actual Injury" (subscription). The article begins: More than four years ago, California voters passed Proposition 64, limiting suits filed under the state's unfair competition law to individuals actually injured by someone else's illegal...
Reminder: Apply by Feb. 2 for the State Bar Antitrust and UCL Executive Committee
Posted on January 30, 2009As a reminder, this coming Monday, February 2, 2009, is the deadline to submit your application (including letters of recommendation) to become a member of the Executive Committee of the State Bar's Antitrust and Unfair Competition Law Section. See this...
Landmark Supreme Court CLRA decision: Meyer v. Sprint Spectrum L.P.
Posted on January 29, 2009The Supreme Court's opinion is now up in Meyer v. Sprint Spectrum L.P., ___ Cal.4th ___ (Jan. 29, 2009). It holds that Civil Code section 1780(a) creates a standing requirement even for CLRA injunctive relief cases, and that plaintiffs lacked...
BREAKING NEWS: Supreme Court to hand down Meyer v. Sprint Spectrum decision tomorrow
Posted on January 28, 2009The Supreme Court just announced that tomorrow, it will hand down its eagerly-anticipated decision in Meyer v. Sprint Spectrum, no. S153846, in which the Court will interpret the CLRA. When the opinion is posted at approximately 10:00 a.m. tomorrow morning,...
New Ninth Circuit UCL "safe harbor" opinion: Hauk v. JP Morgan Chase Bank USA
Posted on January 28, 2009In Hauk v. JP Morgan Chase Bank USA, ___ F.3d ___ (Jan. 23, 2009), the Ninth Circuit held that the defendant's compliance with the Truth-in-Lending Act (15 U.S.C. §§1601-1667f) and Reg. Z (12 C.F.R. Part 226) did not create a...
New UCL "unlawful" prong decision: Lu v. Hawaiian Gardens Casino, Inc.
Posted on January 27, 2009In Lu v. Hawaiian Gardens Casino, Inc., ___ Cal.App.4th ___ (Jan. 22, 2009), the Court of Appeal (Second Appellate District, Division Three) held that claims for violation of certain Labor Code provisions could proceed under the UCL's "unlawful" prong, even...
New UCL restitution decision: Pineda v. Bank of America, N.A.
Posted on January 26, 2009In the published portion of Pineda v. Bank of America, N.A., ___ Cal.App.4th ___ (Jan. 21, 2009), the Court of Appeal (First Appellate District, Division Three) held that Labor Code "section 203 penalties may not be recovered as restitution under...
Reminder: CAOC's Third Annual Class Action Seminar is this coming Wednesday, January 28
Posted on January 23, 2009Just a reminder to register now for CAOC's Third Annual Class Action Seminar: Class Action Hurdles From the Plaintiff's Perspective. The seminar will take place this coming Wednesday, January 28, 2009 from noon to 5:30 p.m. (registration begins at 11:30...
Ninth Circuit refuses to enforce forum selection clause in UCL/CLRA case: Ramkissoon v. AOL LLC
Posted on January 21, 2009In Ramkissoon v. AOL LLC, ___ F.3d ___ (9th Cir. Jan. 16, 2009), the Ninth Circuit refused to enforce a contract provision selecting Virginia state courts as the forum for all claims against AOL. California's interest in enforcing its broad...
Court of Appeal grants rehearing in Troyk v. Farmers Group, Inc.
Posted on January 20, 2009On January 8, 2009, the Court of Appeal (Fourth Appellate District, Division One) granted rehearing after the parties filed a stipulation "for the court to grant rehearing on own motion to facilitate settlement." Troyk v. Farmers Group, Inc., no. D049983...
New UCL/CLRA decision: Paduano v. American Honda Motor Co.
Posted on January 14, 2009In Paduano v. American Honda Motor Co., ___ Cal.App.4th ___ (Jan. 12, 2009), the Court of Appeal (Fourth Appellate District, Division One) reinstated UCL and CLRA causes of action that the trial court had summarily adjudicated in the defendant's favor...
New class certification decision: Ghazaryan v. Diva Limousine, Ltd.
Posted on January 13, 2009In Ghazaryan v. Diva Limousine, Ltd., ___ Cal.App.4th ___ (Dec. 22, 2008; pub. ord. Jan. 12, 2009), the Court of Appeal (Second Appellate District, Division Seven) reversed an order denying class certification of certain wage and hour claims.
"7th Circuit Makes It Harder for Plaintiffs to Keep Securities Class Actions in State Court": Katz v. Gerardi
Posted on January 12, 2009Today's National Law Journal has this report on a new Seventh Circuit decision, Katz v. Gerardi, ___ F.3d ___ (7th Cir. Jan. 5, 2009), which addresses whether CAFA applies to certain securities class actions and creates a split in authority...
State Bar Antitrust and Unfair Competition Law Section Executive Committee applications due February 2, 2009
Posted on January 09, 2009The Antitrust and Unfair Competition Law Section of the State Bar of California is seeking applicants for its Executive Committee. Members of the Executive Committee serve a three-year term which would begin in September 2009. Applications (including letters of recommendation)...
U.S. Supreme Court preemption decision: Altria Group, Inc. v. Good
Posted on January 07, 2009By now, you have probably already read the Supreme Court's new preemption decision, Altria Group, Inc. v. Good, ___ U.S. ___, 129 S.Ct. 538 (Dec. 16, 2008). (See this blog post for my original coverage of this case.) In Altria,...
Another new federal nationwide class certification decision: Parkinson v. Hyundai Motor America
Posted on January 06, 2009Nationwide class certification was recently granted in another UCL and CLRA auto defect case, Parkinson v. Hyundai Motor America, 2008 WL 5233200 (C.D. Cal. Dec. 12, 2008). In that case, as in another recent decision, the court (Chief Judge Alicemarie...
Ninth Circuit publishes RSS feed for new opinions
Posted on January 06, 2009I just discovered that the Ninth Circuit publishes an RSS feed for new opinions. This appears to be a very recent development. It is definitely a welcome one.
New federal nationwide class certification decision: Mazza v. American Honda Motor Co.
Posted on January 05, 2009The court (Judge Valerie Baker Fairbank) granted nationwide class certification of UCL and CLRA claims in an auto defect action, Mazza v. American Honda Motor Co., ___ F.R.D. ___, 2008 WL 5256432 (C.D. Cal. Dec. 16, 2008). Many thanks to...
"3rd Circuit Remands Price-Fixing Class Action"
Posted on December 31, 2008Today's Legal Intelligencer reports on a Third Circuit class certification decision handed down yesterday, In re Hyrdogen Peroxide Antitrust Litigation, ___ F.3d ___ (3d Cir. Dec. 30, 2008). Suffice it to say that the standards for certification enunciated in this...
New class member discovery decision: Crab Addison, Inc. v. Superior Court
Posted on December 30, 2008The Court of Appeal (Second Appellate District, Division Seven) has handed down another interesting opinion on the right to pre-certification discovery of class member contact information. Crab Addison, Inc. v. Superior Court, ___ Cal.App.4th ___ (Dec...
Ninth Circuit denies en banc rehearing and modifies its opinion in Williams v. Gerber Products Co.
Posted on December 24, 2008On Monday, the Ninth Circuit issued an order denying en banc rehearing and modifying its opinion in Williams v. Gerber Products Co., 523 F.3d 934 (9th Cir. 2008). Originally, the opinion contained these three sentences: We do not, however, think...
Registration now open for CAOC's Third Annual Class Action Seminar
Posted on December 23, 2008Registration is now open for CAOC's Third Annual Class Action Seminar: Class Action Hurdles From The Plaintiff?s Perspective. The seminar will take place on the afternoon of January 28, 2009 at the Sir Francis Drake Hotel in San Francisco. Here...
On the Ingredients of a Successful Blawg
Posted on December 22, 2008Mister Thorne of Set in Style (a blog on law firm publishing) has an interview with yours truly: On the Ingredients of a Successful Blawg (Dec. 16, 2008).
How to Build a Better Law Blog
Posted on December 20, 2008C.C. Holland has some good advice in this Law.com article dated December 8, 2008.
New federal decision on UCL's extraterritorial operation: In re Mattel, Inc.
Posted on December 19, 2008In In re Mattel, Inc., ___ F.Supp.2d ___, 2008 WL 5147996 (C.D. Cal. Dec. 8, 2008), the court (Judge Dale S. Fischer) addressed the UCL's (and the CLRA's) extraterritorial reach and narrowly interpred the Ninth Ciruict's opinion in Sullivan v....
Supreme Court modifies emVasquez/em opinion
Posted on December 18, 2008Yesterday, on its own motion, the Supreme Court issued an order modifying one sentence of its opinion in Vasquez v. State of California, 45 Cal.4th 243 (2008). Previously, the sentence read: For example, a plaintiff suing under the Consumers Legal...
New UCL standing decision: Troyk v. Farmers Group, Inc.
Posted on December 10, 2008A new decision handed down yesterday, Troyk v. Farmers Group, Inc., ___ Cal.App.4th ___ (Dec. 9, 2008) (Fourth Appellate District, Division One), addresses Prop. 64 standing in some detail (slip op. at 48-61). I will post more on the decision...
Oral argument report: Meyer v. Sprint Spectrum
Posted on December 05, 2008Many thanks to attorney Kelly Chen for attending Wednesday's argument in Meyer v. Sprint Spectrum, no. S153846. Here is her report: This Wednesday morning in Los Angeles, the California Supreme Court heard oral argument in Meyer v. Sprint Spectrum. This...
Oral argument preview: Meyer v. Sprint Spectrum
Posted on December 03, 2008This morning at 9:00 a.m., the Supreme Court will hear oral argument in Los Angeles in an important CLRA case, Meyer v. Sprint Spectrum, no. S153846. These are the issues on review in Meyer: (1) Has a person suffered "damage"...
"Common Issues that Arise in Class Action Settlements"
Posted on December 02, 2008The September/October 2008 issue of CAOC Forum had an article by attorney David Arbogast, "Common Issues that Arise in Class Action Settlements." CAOC members may access the article at this members-only link. (Incidentally, a special forthcoming issue of Forum will...
More thoughts on the Vasquez attorneys' fees opinion
Posted on December 01, 2008In my original post on Vasquez, I summarized the Supreme Court's holding that Code of Civil Procedure section 1021.5 does not "categorically" require a prelitigation demand as a prerequisite to an attorneys' fees award. Some other aspects of the opinion...
"Five Oral Argument Tips ? For Judges"
Posted on November 26, 2008Howard Bashman has reprinted an interesting article from the October 2008 issue of The Federal Lawyer called "Five Oral Argument Tips ? For Judges." The article provides the perspective of United States District Judge Michael W. Mosman of the District...
Statement of issues on review in Clayworth v. Pfizer, Inc.
Posted on November 24, 2008The Supreme Court has posted its statement of issues on review in Clayworth v. Pfizer, Inc., no. S166435. The UCL-related issues are particularly interesting: (1) When plaintiffs pay overcharges on goods or services as a result of the anticompetitive conduct...
Are you in Los Angeles? And are you hiring?
Posted on November 22, 2008Class action attorney H. Scott Leviant, author of the blog The Complex Litigator, is exploring new opportunities in the Los Angeles area. If you are thinking about expanding your practice, you should get in touch with him. I've met Scott...
"Public Interest Lawyers Secure Right to Fees"
Posted on November 21, 2008This morning's Daily Journal has an article on the Supreme Court's decision yesterday in the Vasquez case. An excerpt: Attorney Michael Rubin of Altshuler Berzon in San Francisco ... said the opinion eliminates any potential confusion about when attorneys can...
Section 1021.5 does not require a prelitigation demand in non-catalyst cases: Vasquez v. State of California
Posted on November 20, 2008The Supreme Court's decision in Vasquez v. State of California, ___ Cal.4th ___ (Nov. 20, 2008) is now up. The Court held that in non-catalyst cases, section 1021.5 contains no "categorial" rule requiring a prelitigation demand as a prerequisite to...
Supreme Court grants review in UCL/antitrust case: Clayworth v. Pfizer, Inc.
Posted on November 20, 2008Yesterday, the Supreme Court granted review in Clayworth v. Pfizer, Inc., no. S166435. In Clayworth, the Court of Appeal held that the "pass-on" defense applied to a price-fixing case brought by intermediate purchasers under California's Cartwright Act, and also that...
More breaking news (off-topic): Supreme Court issues order to show cause in Prop. 8 cases
Posted on November 19, 2008This is off the topic, but this afternoon the Supreme Court issued an order to show cause in the cases challenging the validity of Proposition 8, which purports to strip away the Constitutional right of equal protection from a minority...
BREAKING NEWS: Supreme Court to hand down Vasquez attorneys' fees decision tomorrow
Posted on November 19, 2008Today's notice of forthcoming opinions states that the Supreme Court will be handing down its opinion in the Vasquez attorneys' fees case tomorrow morning. Vasquez v. Superior Court, case no. S143710 (argued 09/03/08). This is the issue on review: The...
Trials of both equitable and legal claims: Hoopes v. Dolan
Posted on November 19, 2008We all know that UCL claims are equitable and tried to the judge, not a jury. Yet UCL claims are frequently brought in the same lawsuit along with legal claims, such as CLRA claims, that carry a jury trial right....
"Cutting Class"
Posted on November 18, 2008Yesterday's Daily Journal had a Focus column (subscription) on the Prop. 64-related cases now pending before the Supreme Court: Big business interests are now attempting to convert a shield, which protects against extortionate lawsuits, into a sword to eliminate valid...
Supreme Court extends time to grant or deny review in UCL/antitrust case: Clayworth v. Pfizer, Inc.
Posted on November 17, 2008On October 31, 2008, the Supreme Court gave itself an extension of time, through December 4, 2008, to grant or deny review in Clayworth v. Pfizer, Inc., no. S166435. Clayworth is an interesting case that I did not have time...
MCLE presentation: "Discovery Techniques in Class Action Cases"
Posted on November 16, 2008Thanks to everyone who attended the CAOC convention this month, and especially to those who attended the class action track on November 7. I really enjoyed hearing the speakers, who included Elizabeth Cabraser, Tim Blood, and Arthur Bryant. Also many...
"Class Action Settlement Tossed Out"
Posted on November 15, 2008Yesterday's Daily Journal had an article (subscription) on the Court of Appeal's decision last Friday to publish its opinion in Kullar v. Foot Locker Retail, Inc., ___ Cal.App.4th ___ (Oct. 14, 2008; pub. ord. Nov. 7, 2008). In Kullar, the...
Recent federal UCL aiding and abetting decision: Plascencia v. Lending 1st Mortgage
Posted on November 14, 2008In Plascencia v. Lending 1st Mortgage, ___ F.Supp.2d ___, 2008 WL 4544357 (N.D. Cal. Sept. 30, 2008), the court (Judge Claudia Wilken) denied a defendant's motion to dismiss a UCL claim. The motion was based on the argument that defendants...
New class action objector decision: Kullar v. Foot Locker Retail, Inc.
Posted on November 13, 2008In Kullar v. Foot Locker Retail, Inc., ___ Cal.App.4th ___ (Oct. 14, 2008; pub. ord. Nov. 7, 2008), the Court of Appeal (First Appellate District, Division Three) reversed an order granting final approval of a class action settlement, holding that...
"2nd Circuit: Plaintiffs in Credit Card Antitrust Case Cannot Be Compelled to Arbitrate"
Posted on November 12, 2008In an article yesterday, the New York Law Journal reported on a new Second Circuit decision in an antitrust class action. The Second Circuit held that mandatory arbitration clauses in the plaintiffs' cardholder agreements with Visa and Master Card did...
New Ninth Circuit decision on the UCL's extraterritorial operation: Sullivan v. Oracle Corp.
Posted on November 06, 2008In Sullivan v. Oracle Corp., ___ F.3d ___ (9th Cir. Nov. 6, 2008), the Ninth Circuit addressed whether non-residents of California may invoke the UCL's "unlawful" prong against a defendant with its principal place of business in California. According to...
Petition for review filed in Johnson collateral estoppel case
Posted on November 05, 2008As expected, a petition for review was filed last week in the latest class certification/collateral estoppel case, Johnson v. GlaxoSmithKline, Inc., no. S167892. Here is my original post on the Court of Appeal's opinion, Johnson v. GlaxoSmithKline, Inc...
Two upcoming events
Posted on November 05, 2008Two events of note are coming up this week: Consumer Attorneys of California 47th Annual Convention, Friday-Sunday, Nov. 7-9, in San Francisco. The convention will feature different "tracks" throughout each day. I am slated to speak during the class action...
Happy Election Day!
Posted on November 04, 2008Don't forget to vote! I voted this morning and only had to wait an hour in line. I would have thought that was bad if I hadn't seen the really long lines on TV.
U.S. Supreme Court preemption case: Wyeth v. Levine
Posted on November 04, 2008SCOTUSBlog reports that the U.S. Supreme Court heard oral argument yesterday in Wyeth v. Levine, no. 06-1249. In Wyeth, the Court will address whether FDA approval of warning labels precludes consumers from bringing state-law tort claims against drug manufacturers for...
New Seventh Circuit class certification decision: Thorogood v. Sears, Roebuck & Co.
Posted on November 03, 2008Last week, in an opinion replete with gratuitous attacks on the entire class action process, the Seventh Circuit directed the district court to reverse an order granting class certification in a consumer false advertising case. Thorogood v. Sears, Roebuck &...
"Class Certified in Suit Against UC"
Posted on October 30, 2008A story (subscription) in yesterday's Recorder reported that "[a] federal judge has certified a class of all current, prospective and future female students at UC-Davis as part of a suit alleging the university provides unequal access between genders to varsity...
New class certification decision: Harper v. 24 Hour Fitness, Inc.
Posted on October 29, 2008In Harper v. 24 Hour Fitness, Inc., ___ Cal.App.4th ___ (Oct. 22, 2008), the Court of Appeal (Second Appellate District, Division Seven) reversed an order decertifying UCL and FAL claims for class treatment. One justice dissented. In a pre-Prop. 64...
Recent federal CLRA decision: Friedman v. 24 Hour Fitness USA, Inc.
Posted on October 28, 2008Friedman v. 24 Hour Fitness USA, Inc., ___ F.Supp.2d ___, 2008 WL 4370005 (C.D. Cal. Sept. 22, 2008), is an interesting new federal decision on the CLRA. Here is what the court (Judge A. Howard Matz) had to say about...
Blawg Review #183
Posted on October 27, 2008This week I am pleased to be the host of Blawg Review, the law blog carnival. Blawg Review is hosted each week by a different law blogger who presents a selection of choice posts from law blogs across the blawgosphere....
Brinker order granting review
Posted on October 27, 2008Here is the Supreme Court's order, filed October 22, 2008, granting the petition for review in Brinker Restaurant Corp. v. Superior Court (Hohnbaum), no. 166350. For more on Brinker, see this blog post.
New law blog: The California Constitution
Posted on October 25, 2008A new law blog, The California Constitution, focuses on "[t]he law and politics affecting our State's fundamental charter." That's an interesting subject and one not already covered by any existing blog that I'm aware of. [Via California Appellate Report]
Supreme Court sets CLRA case for argument: Meyer v. Sprint Spectrum
Posted on October 24, 2008On Wednesday, the Supreme Court scheduled oral argument in a case raising CLRA issues, Meyer v. Sprint Spectrum, no. S153846. The argument will take place on December 3, 2008 at 9:00 a.m. in Los Angeles. These are the issues on...
Supreme Court grants review in class certification case: Brinker Restaurant Corp. v. Superior Court (Hohnbaum)
Posted on October 23, 2008Yesterday, the Supreme Court granted review in Brinker Restaurant Corp. v. Superior Court (Hohnbaum), no. S166350. In that case, the Court of Appeal reversed an order granting class certification of meal period, rest break, and off-the-clock claims. Brinker Restaurant Corp...
New class action settlement decision: Cundiff v. Verizon California, Inc.
Posted on October 22, 2008In Cundiff v. Verizon California, Inc., ___ Cal.App.4th ___ (Oct. 16, 2008), the Court of Appeal (Second Appellate District, Division Three) construed Code of Civil Procedure section 384, which addresses "unpaid residuals in class action litigation." In Cundiff, the parties...
Ninth Circuit opinion on no-class-action arbitration clauses: Hoffman v. Citibank (South Dakota), N.A.
Posted on October 16, 2008In Hoffman v. Citibank (South Dakota), N.A., ___ F.3d ___ (9th Cir. Oct. 14, 2008) (per curiam), the Ninth Circuit remanded for the district court to re-determine whether, under California's choice-of-law rules, South Dakota or California law applies in assessing...
Rehearing denied and opinion amended in class certification/collateral estoppel case: Johnson v. GlaxoSmithKline
Posted on October 15, 2008Yesterday, the Court of Appeal (Second Appellate District, Division Seven) denied rehearing and amended its opinion in Johnson v. GlaxoSmithKline, Inc., ___ Cal.App.4th ___ (Sept. 19, 2008; mod. Oct. 14, 2008). The modification order adds two footnotes to the opinion...
San Diego City Attorney files UCL action against Washington Mutual
Posted on October 14, 2008On October 8, 2008, the City Attorney of San Diego filed a UCL action against Washington Mutual on behalf of not just San Diego residents but all California consumers. A copy of the complaint is available at this link, and...
New federal CLRA decision: Galindo v. Financo Financial, Inc.
Posted on October 13, 2008In Galindo v. Financo Financial, Inc., 2008 WL 4452344 (N.D.Cal. Oct. 3, 2008), the court (Judge William Alsup) wrote this about the CLRA's pre-filing notice requirement: California courts require ?strict? compliance with Section 1782. Outboard Marine Corp...
New opinion on collateral estoppel in class action cases: Johnson v. GlaxoSmithKline, Inc.
Posted on October 09, 2008In Johnson v. GlaxoSmithKline, Inc., ___ Cal.App.4th ___ (Sept. 19, 2008), the Court of Appeal (Second Appellate District, Division Seven) expressed a great deal of skepticism about the legal underpinnings of a notorious decision from 2006 on the operation of...
Supreme Court denies review in CLRA case: Ball v. FleetBoston Financial Corp.
Posted on October 08, 2008Last week, the Supreme Court denied review in Ball v. FleetBoston Financial Corp., no. S165154. This case raised the issue of whether the CLRA applies to credit card transactions. See Ball v. FleetBoston Financial Corp., 164 Cal.App.4th 794 (2008). In...
New UCL "abstention doctrine" decision: Center for Biological Disversity, Inc. v. FPL Group, Inc.
Posted on October 07, 2008Those of you who closely followed the heavy trial-level activity post-Prop. 64 may remember a significant ruling on Prop. 64 standing in a group of 13 cases that were pending before Judge Ronald M. Sabraw when Prop. 64 passed (see...
"Where Are All the Female Law Bloggers?"
Posted on October 06, 2008A Law.com article today asks, "Where Are All the Female Law Bloggers?" Hello, here's one right here! I don't know about other women bloggers, but I have had no problems promoting my blog, finding time to write it, or dealing...
CAOC Annual Convention, Nov. 7-9, 2008
Posted on October 06, 2008The 47th Annual Convention of Consumer Attorneys of California will take place on November 7-9, 2008 in San Francisco and online registration is now open. The convention will feature different "tracks" throughout each day. I am currently slated to speak...
"Principal" vs. "principle"
Posted on October 04, 2008In a curious coincidence, three courts confused the words "principal" and "principle" in opinions issued within the past ten days: "[N]ot all class members will want to [rescind] because it requires returning the loan priniciple in exchange for the release...
Class action against a newspaper? No prior restraints allowed: Freedom Communications, Inc. v. Superior Court
Posted on October 03, 2008In Freedom Communications, Inc. v. Superior Court, ___ Cal.App.4th ___ (Sept. 30, 2008), the Court of Appeal reversed an order prohibiting the the Orange County Register from reporting on the trial of a wage and hour class action in which...
New CLRA decision: Bourgi v. West Covina Motors, Inc.
Posted on October 02, 2008In Bourgi v. West Covina Motors, Inc., ___ Cal.App.4th ___ (Sept. 24, 2008), the Court of Appeal (Second Appellate District, Division Eight) discussed what happens when the CLRA overlaps more specific statutory provisions (here, provisions of the Vehicle Code)...
New class certification decision: Hewlett-Packard Co. v. Superior Court
Posted on October 01, 2008Last Friday, in Hewlett-Packard Co. v. Superior Court, ___ Cal.App.4th ___ (Sept. 26, 2008), the Court of Appeal (Sixth Appellate District) refused to disturb an order granting class certification, holding that the legal arguments the defendant advanced in opposition to...
Seventh Circuit holds that TILA rescission cases may not proceed as class actions: Andrews v. Chevy Chase Bank
Posted on September 30, 2008In Andrews v. Chevy Chase Bank, ___ F.3d ___ (7th Cir. Sept. 24, 2008), the Seventh Circuit held that claims for rescission (as distinct from damages) under the Truth in Lending Act (15 U.S.C. §§ 1601 et seq.) may not...
New CLRA attorneys' fees decision: Shisler v. Sanfer Sports Cars, Inc.
Posted on September 26, 2008In Shisler v. Sanfer Sports Cars, Inc., ___ Cal.App.4th ___ (Sept. 25, 2008), the Court of Appeal (Sixth Appellate District) reaffirmed the rule that the CLRA authorizes attorneys' fees to a prevailing defendant only upon proof of the plaintiff's subjective...
Massachusetts Supreme Judicial Court reverses class decertification in meal and rest period case: Salvas v. Wal-Mart Stores, Inc.
Posted on September 25, 2008In Salvas v. Wal-Mart Stores, Inc., ___ N.E.2d ___, 2008 WL 4291637 (Mass. Sept. 23, 2008), the Supreme Judicial Court of Massachusetts reversed an order decertifying a class of current and former Wal-Mart hourly workers who claimed that Wal-Mart failed...
The UCL and the "business judgment rule": Hill v. State Farm Mutual Auto Ins. Co.
Posted on September 22, 2008A lengthy opinion on the "business judgment rule" concludes with this paragraph: Plaintiffs asserted three theories of liability: breach of contract, breach of the covenant of good faith and fair dealing, and violation of the Unfair Competition Act. The claim...
Seeking successful depublication requests
Posted on September 19, 2008I am always trying to figure out what types of arguments the California Supreme Court finds persuasive in deciding whether to depublish a Court of Appeal opinion under Rule of Court 8.1125. As we all know, depublication orders are quite...
New class certification decision: Lee v. Dynamex, Inc.
Posted on September 18, 2008In Lee v. Dynamex, Inc., ___ Cal.App.4th ___ (Aug. 26, 2008; pub. ord. Sept. 17, 2008), the Court of Appeal (Second Appellate District, Division Seven) reversed an order denying class certification because the trial court had refused to permit discovery...
Washington Supreme Court finds class action ban unconscionable: McKee v. AT&T Corp.
Posted on September 17, 2008In McKee v. AT&T Corp., ___ P.3d ___ (Wash. Aug. 28, 2008), the Supreme Court of Washington refused to enforce a no-class-action arbitration clause, finding it substantively unconscionable. A tidbit: "Courts will not be easily deceived by attempts to unilaterally...
Vasquez oral argument
Posted on September 16, 2008The docket confirms that on Wednesday, September 3, 2008, the Supreme Court heard oral argument in Vasquez v. State of California, no. S143710, which raises the following issue: Does the rule that, in order to receive attorney fees under Code...
"Class Action Settlements: The Basics and New Developments" - September 24, 2008
Posted on September 15, 2008On Wednesday, September 24, 2008 at noon, the Litigation Section of the Barristers Club of the Bar Association of San Francisco will present a one-hour program called "Class Action Settlements: The Basics and New Developments." The speakers are Kelly M...
Blog hiatus until Sept. 15
Posted on September 01, 2008Happy Labor Day! The blog will be on hiatus until the week of September 15. Please continue to email me (uclpractitioner@gmail.com) with decisions, news, comments, questions, etc. For anyone who is interested, don't forget that the Supreme Court will be...
Recent UCL "injury in fact" decision: Peterson v. Cellco Partnership
Posted on August 29, 2008In Peterson v. Cellco Partnership, ___ Cal.App.4th ___ (Jun. 26, 2008; pub. ord. Jul. 21, 2008), the Court of Appeal (Fourth Appellate District, Division Three) held that the trial court properly sustained the defendant's demurrer without leave to amend...
New class action attorneys' fees decision: In re Lugo
Posted on August 28, 2008Here is an interesting case. In In re Lugo, 164 Cal.App.4th 1522 (Jul. 21, 2008), the class action device was used in the context of a habeas corpus proceeding to compel the Board of Parole Hearings to provide timely parole...
Recent class-action-related opinions from other Circuits
Posted on August 27, 2008The Second, Fifth and Eleventh Circuits have issued some interesting class-action-related opinions in recent weeks: In In re: Nortel Networks Corp. Securities Litig., ___ F.3d ___ (2d Cir. Aug. 19, 2008), the Second Circuit affirmed an attorneys' fees award in...
New class certification decision: Medrazo v. Honda of North Hollywood
Posted on August 26, 2008In Medrazo v. Honda of North Hollywood, ___ Cal.App.4th ___ (Jul. 29, 2008; pub. ord. Aug. 21, 2008), the Court of Appeal (Second Appellate District, Division Four) reversed an order denying class certification of UCL and CLRA claims predicated on...
New Ninth Circuit UCL restitution decision: Theme Promotions, Inc. v. News America Marketing FSI
Posted on August 25, 2008In Theme Promotions, Inc. v. News America Marketing FSI, ___ F.2d ___ (9th Cir. Aug. 20, 2008), the Ninth Circuit affirmed the trial court's determination that the monetary loss the plaintiff suffered did not constitute "restitution" within the meaning of...
New Third Circuit preemption decision: Fellner v. Tri-Union Seafoods, L.L.C.
Posted on August 22, 2008In Fellner v. Tri-Union Seafoods, L.L.C., ___ F.3d ___ (Aug. 19, 2008), the Third Circuit held that the FDA's "regulatory actions" did not preempt certain non-disclosure claims brought under New Jersey law. On Aug. 20, The Legal Intelligencer reported that...
New UCL "safe harbor" decision: Yabsley v. Cingular Wireless, LLC
Posted on August 21, 2008In Yabsley v. Cingular Wireless, LLC, ___ Cal.App.4th ___ (Aug. 18, 2008), the Court of Appeal (Second Appellate District, Division Six) held that an administrative regulation (specifically, a provision of the California Code of Regulations) can provide a Cel-Tech "safe...
Free webinar: "Introduction to Law Blogs - What Works and What Doesn't"
Posted on August 19, 2008On Thursday, August 21, at 9:00 a.m. Pacific, Kevin O'Keefe of LexBlog fame will offer a free webinar called "Introduction to Law Blogs - What Works and What Doesn't." The webinar will cover, among other things: Advantages of law blogs...
Final approval and attorneys' fees orders in Ford Explorer Cases
Posted on August 19, 2008Many thanks to the blog reader who forwarded these orders signed by Judge De Alba in the Ford case (Ford Explorer Cases, JCCP Nos. 4266 & 4270): (Amended) Final Order and Judgment of Final Approval of Class Action Settlement (filed...
"UCL Standing to Seek Injunctive Relief: Is a Restitutionary Loss Required?"
Posted on August 18, 2008The July/August 2008 issue of CAOC's Forum magazine just arrived in the mail. It has my latest article, "UCL Standing to Seek Injunctive Relief: Is a Restitutionary Loss Required?" The article addresses two opposing federal decisions on that topic, Walker...
Recent class certification decision: In re BCBG Overtime Cases
Posted on August 15, 2008In In re BCBG Overtime Cases, 163 Cal.App.4th 1293 (Jun. 13, 2008), the Court of Appeal (Fourth Appellate District, Division Three) approved the filing of an evidentiary, preemptive motion by the defendant to deny class certification ? before the plaintiff...
More briefs from Fairbanks v. Superior Court
Posted on August 14, 2008Many thanks to the blog reader who forwarded some additional amicus curiae briefs from Fairbanks v. Superior Court (no. S157001), the CLRA/insurance case now pending before the Supreme Court: Amicus Curiae Brief of Consumer Attorneys of California (filed 07/17/08) Amicus...
"L.A. Targets Insurers With Unlikely Law"
Posted on August 13, 2008Today's Daily Journal has an article, "L.A. Targets Insurers With Unlikely Law" (subscription) reporting on a group of UCL actions recently filed by the City Attorney of Los Angeles against a number of insurers for cancelling their customers' health insurance...
Recent Ninth Circuit UCL decision: Clemens v. DaimlerChrysler Corp.
Posted on August 13, 2008In Clemens v. DaimlerChrysler Corp., ___ F.3d ___, 2008 WL 2840662 (9th Cir. July 24, 2008), the Ninth Circuit addressed the UCL's "fraudulent" prong: Generally, to be actionable under the UCL, a concealed fact must be material in the sense...
New UCL/CLRA choice-of-law decision: Brack v. Omni Loan Co.
Posted on August 13, 2008In Brack v. Omni Loan Co., ___ Cal.App.4th ___ (Jun. 17, 2008; pub. ord. Jul. 16, 2008), the Court of Appeal (Fourth Appellate District, Division One) refused to enforce a choice-of-law provision in a consumer loan contract, holding that California...
Merits briefs from Supreme Court CLRA case: Fairbanks v. Superior Court
Posted on August 12, 2008Thanks to a loyal blog reader, I can share with you the following briefs from Fairbanks v. Superior Court (Farmers New World Life Ins. Co.), no. S157001 (review granted 11/14/07), in which the Supreme Court will address whether the CLRA...
Supreme Court sets attorneys' fees case for oral argument: Vasquez v. Superior Court
Posted on August 11, 2008The Supreme Court has set Vasquez v. Superior Court, no. S143710, for oral argument on September 3, 2008 at 9:00 a.m. in San Francisco. The Court will be deciding this issue: Does the rule that, in order to receive attorney...
"The Blog and Short of It"
Posted on August 09, 2008Greg May, author of The California Blog of Appeal, writes about what it's like to be a law blogger in an article in the August 2008 issue of Citations, the magazine of the Ventura County Bar Assosication.
Other countries have class actions, too: International Justice
Posted on August 08, 2008An interesting new new web page, International Justice, introduces us to class action laws around the globe: More than 30 countries have now adopted systems of group litigation, and other countries are actively debating enactment of such procedures. In some...
Supreme Court grants review in attorney advertising case: Simpson Strong-Tie Co. v. Gore
Posted on August 07, 2008On July 30, 2008, the Supreme Court granted review in Simpson Strong-Tie Co. v. Gore, no. S164174. These are the issues on review: (1) Which party bears the burden of persuasion with respect to the applicability of the anti-SLAPP exemptions...
New CLRA decision: Ball v. FleetBoston Financial Corp.
Posted on August 06, 2008In Ball v. FleetBoston Financial Corp., ___ Cal.App.4th ___ (Jun. 5, 2008; pub. ord. Jul. 7, 2008), the Court of Appeal (Fourth Appellate District, Division Three) addressed whether the Consumers Legal Remedies Act ("CLRA") applies to credit card transactions...
New Mexico Supreme Court strikes down no-class-action arbitration clause: Fiser v. Dell Computer Corp.
Posted on August 05, 2008I'm still catching up with some of the decisions handed down while my blog was on hiatus in June. In Fiser v. Dell Computer Corp., ___ S.W.3d ___ (N.M. Jun. 27, 2008), the New Mexico Supreme Court refused to enforce...
New Ninth Circuit class certification decision: Parra v. Bashas', Inc.
Posted on August 04, 2008In Parra v. Bashas', Inc., ___ F.3d ___ (July 29, 2008), the Ninth Circuit reversed an order denying class certification of plaintiffs' claim for pay discrimination based on national origin in violation of Title VII of the Civil Rights Act...
"High Court Justices Go Digital to Access Founding-Era Documents"
Posted on August 02, 2008Law.com had an article earlier in the week on The Constitutional Sources Project, which "has digitized and made freely available online more than 11,000 historical documents relating to the Constitution and the amendments." That's a link to bookmark. [Via How...
New Court of Appeal opinion in Mervyn's on remand
Posted on July 31, 2008Yesterday, the Court of Appeal (First Appellate District, Division Four) handed down its third opinion (and its second published one) in the case between Mervyn's and Californians for Disability Rights: Californians for Disability Rights v. Mervyn's, LLC, ___ Cal...
Two recent Seventh Circuit class certification decisions: Rahman v. Chertoff and Larson v. JP Morgan Chase & Co.
Posted on July 29, 2008The Seventh Circuit has recently handed down two new decisions relating to class action procedure (in addition to the new CAFA "less is not more" decision discussed at this blog post): In Rahman v. Chertoff, ___ F.3d ___ (7th Cir....
Statement of issue on review in County of Santa Clara v. Superior Court (ARCO)
Posted on July 28, 2008The Supreme Court has posted its statement of the issue on review in County of Santa Clara v. Superior Court (ARCO), no. S163681. It is short and to the point: This case presents the following issue: May a public entity...
New UCL ?injury in fact? decision: Medina v. Safe-Guard Products, Int?l, Inc.
Posted on July 28, 2008In Medina v. Safe-Guard Products, Int?l, Inc., ___ Cal.App.4th ___ (Jun. 19, 2008) (Fourth Appellate District, Division Three), the Court of Appeal held that an insurance contract issued by an unlicensed insurer is nonetheless enforceable. The Court had some harsh...
"Be careful what you wish for"
Posted on July 27, 2008On July 10, 2008, the Santa Ynez Valley Journal had an opinion piece by attorney Rosslyn (Beth) Hummer on Prop. 64 and In re Tobacco II, now pending before the California Supreme Court. After examining the issues on review in...
?Living la vida blawga and staying within ethical bounds?
Posted on July 26, 2008The July 2008 issue of Plaintiff Magazine has an article called "Living la vida blawga and staying within ethical bounds." The article features quotations from J. Craig Williams of May it Please the Court, Denise Howell of Bag and Baggage,...
California AG files UCL/FAL action against Countrywide
Posted on July 25, 2008On June 24, 2008, California Attorney General Jerry Brown filed a UCL and FAL action against Countrywide Home Loans. People v. Countrywide Financial Corp., No. LC081846 (L.A. Super. Ct., filed June 25, 2008). Here is a copy of the complaint....
BREAKING NEWS: Review granted in County of Santa Clara v. Superior Court (Atlantic Richfield Co.)
Posted on July 24, 2008Yesterday, the Supreme Court granted review in County of Santa Clara v. Superior Court (Atlantic Richfield Co.), no. S163681. This is the case in which the Court of Appeal held that public entities may hire outside attorneys to handle "ordinary...
Court of Appeal mentions defendant classes: Farwell v. Sunset Mesa Property Owners Association, Inc.
Posted on July 23, 2008In Farwell v. Sunset Mesa Property Owners Association, Inc., ___ Cal.App.4th ___ (Jun. 18, 2008), the Court of Appeal (Second Appellate District, Division Eight), penned this paragraph on defendant class actions: We note here that the adequacy of the representation...
"Workers Can't Catch a Break from Calif. Court"
Posted on July 23, 2008This morning's Recorder has an article on the Court of Appeal's opinion, handed down yesterday, in Brinker Restaurant Corp. v. Superior Court (Hohnbaum), ___ Cal.App.4th ___ (July 22, 2008). The Brinker court reversed an order granting class certification of meal...
Four new CAFA opinions from the federal appellate courts
Posted on July 22, 2008The Courts of Appeals for the Second, Fourth, Seventh and Ninth Circuits have all issued CAFA-related opinions in recent weeks: In Luther v. Countrywide Home Loans Servicing, LP, ___ F.3d ___ (9th Cir. Jul. 16, 2008), the Ninth Circuit held...
"Google Sued for Selling Ads on Parked Domains"
Posted on July 22, 2008Information Week had an article last Tuesday on a new UCL action that my firm recently filed against Google. The action challenges certain aspects of Google's AdWords program, specifically, the practice of charging advertisers for ads placed on parked domain...
New Ninth Circuit decision on insurance coverage for UCL and CLRA claims: Sony Computer Entertainment America, Inc. v. American Home Assurance Co.
Posted on July 21, 2008In Sony Computer Entertainment America, Inc. v. American Home Assurance Co., ___ F.3d ___ (9th Cir. July 15, 2008), the Ninth Circuit held that the defendant's "professional liability" and "general liability" policies did not obligate the insurers to indemnify or...
"To blog or not to blog: That is the question"
Posted on July 19, 2008The June 2008 issue of Plaintiff Magazine has a story called "To blog or not to blog: That is the question" (pdf). The article quotes a number of Northern California-based law bloggers. UPDATE: Speaking of blogging, today (and yesterday) I'm...
Extension of time and more briefs in County of Santa Clara v. Superior Court (Atlantic Richfield Co.)
Posted on July 18, 2008Last week, the Supreme Court gave itself an extension of time, through August 15, 2008, to grant or deny review in County of Santa Clara v. Superior Court (Atlantic Richfield Co.), no. S163681. This is the case that addresses whether...
New UCL "unfair" prong decision: In re Red Light Photo Enforcement Cases
Posted on July 17, 2008In In re Red Light Photo Enforcement Cases, 13 Cal.App.4th 1314 (Jun. 13, 2008), the Court of Appeal (Fourth Appellate District, Division One) appeared to assume without deciding that a UCL claim may be predicated on an attempt to enforce...
New decision on class certification burdens of proof: Amaral v. Cintas Corp. No. 2
Posted on July 16, 2008Amaral v. Cintas Corp. No. 2, ___ Cal.App.4th ___, 2008 WL 2357895 (Jun. 11, 2008) (First Apellate District, Division Three), is a lengthy wage and hour opinion previously discussed in detail in the blogosphere. The Complex Litigator had two separate...
New decision on class representatives' pre-certification rights: Sharp v. Next Entertainment, Inc.
Posted on July 15, 2008In April 2007, the Daily Journal ran an article by yours truly called "The Class Representative's Pre-Certification Bill of Rights" (subscription). To those mentioned in the article can now be added the right to select class counsel and to waive...
Recent Ninth Circuit UCL competitor decision: Sybersound Records, Inc. v. UAV Corp.
Posted on July 14, 2008In Sybersound Records, Inc. v. UAV Corp., 517 F.3d 1137 (9th Cir. 2008), the Ninth Circuit construed the UCL in the context of a competitor action. The plaintiff, a producer of karaoke records, alleged that the defendant, a competing karaoke...
Blog hiatus ends this week
Posted on July 13, 2008I'm planning to resume regular blogging this week. I'm going to go through my stack of cases and other blog-related material in chronological order (more or less) until we're back up to date. I'll start on Monday with a Ninth...
Supreme Court issues "grant and hold" order in Prop. 64 "injury in fact" case: O'Brien v. Camisasca Automotive Mfg., Inc.
Posted on July 11, 2008On Wednesday, the Supreme Court issued a "grant and hold" order in O'Brien v. Camisasca Automotive Mfg., no. S163207. The order reads: Petition for Review GRANTED. Further action in this matter is deferred pending consideration and disposition of related issues...
Upcoming MCLE program: "Class Action and UCL Conference"
Posted on July 10, 2008Next Tuesday, July 15, 2008, my partner Miranda P. Kolbe will be speaking at Bridgeport Continuing Education's annual Class Action and UCL Conference, which will take place at San Francisco State University's Downtown Campus (835 Market Street). Her co-speaker is...
"Big Tech for Small Firms"
Posted on July 02, 2008Tom McNichol advises attorneys to "resist the temptation to start a blog" in this story in the July 2008 issue of California Lawyer: Most attorneys at small firms are busy enough keeping up with their cases without taking on a...
Blog hiatus until next week
Posted on June 05, 2008The blog will be on hiatus until some point next week. Please continue to email me (uclpractitioner@gmail.com) with news, decisions, thoughts, questions, comments, etc.
"California Unfair Competition Law Under Section 17200 After Proposition 64"
Posted on June 04, 2008The 2008 Class Action and UCL Conference sponsored by Bridgeport Continuing Education took place last week in Los Angeles. Two of the presenters, Larry Steinberg and Effie Cogan of Buchalter Nemer, graciously forwarded their powerpoint presentation: "California Unfair Competition Law...
"Handling Claims Under the CLRA"
Posted on June 03, 2008The June 2008 issue of California Lawyer has an article by Gregory A. Nylen called "Handling Claims Under the CLRA." The print issue of the magazine includes an MCLE self-assessment test. Earn an hour of MCLE credit by completing the...
Welcome to the blogosphere: California Attorney's Fees
Posted on May 31, 2008Attorneys Marc D. Alexander and William M. (Mike) Hensley of Adorno Yoss Alvarado & Smith in Santa Ana have created a new blog, California Attorney's Fees. From the mission statement: Our mission is simple: provide a resource tool to practitioners,...
San Francisco City Attorney files antitrust and UCL action against prescription drug wholesaler
Posted on May 30, 2008From a press release issued by San Francisco City Attorney Dennis Herrera on May 20, 2008: City Attorney Dennis Herrera and the San Francisco Health Plan, the City-sponsored program that provides health insurance to more than 50,000 low-income San Franciscans,...
Reminder: BASF Appellate Practice Section meeting today at noon
Posted on May 29, 2008As a reminder, all are welcome to attend today's meeting of the BASF Appellate Practice Section. I will be speaking very informally about law blogs generally and appellate law blogs in particular. I will be joined by Alameda County Superior...
UCL/CLRA preemption case on remand: Farm Raised Salmon Cases (unpublished)
Posted on May 28, 2008In February, in Farm Raised Salmon Cases, 42 Cal.4th 1077 (2008), the Supreme Court held that the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §§ 301 et seq.) did not preempt plaintiffs' UCL and CLRA claims. Those claims rested...
U.S. Supreme Court denies cert. in class action ban case: T-Mobile USA, Inc. v. Laster
Posted on May 27, 2008Today, the U.S. Supreme Court denied a petition for a writ of certiorari in T-Mobile USA, Inc. v. Laster, 07-976 (order list dated 05/27/08). The petition sought review of an unpublished Ninth Circuit decision in which that court rejected the...
"Keeping Up with Class Actions: Reports, Legal Sites and Blogs of Note"
Posted on May 27, 2008LLRX.com has an article called "Keeping Up with Class Actions: Reports, Legal Sites and Blogs of Note" (May 19, 2008). The article is by Scott Russell, a Reference Librarian with Shook Hardy & Bacon LLP in Kansas City, Missouri. Thanks,...
Informal talk on law blogs at next week's BASF Appellate Practice Section meeting
Posted on May 23, 2008At next week's meeting of the Bar Association of San Francisco, Appellate Practice Section, I will be speaking informally on law blogs generally and appellate law blogs in particular. I'm happy to be able to announce that Mr. Philip Obbard,...
State Bar's annual UCL conference: Judge Kramer's remarks
Posted on May 22, 2008A belated thanks to everyone who attended the State Bar's annual UCL conference last week! I thought it was a great conference and I enjoyed meeting so many of the attendees. San Francisco Superior Court Judge Richard A. Kramer was...
Craigslist sues eBay for UCL violations
Posted on May 21, 2008On May 14, 2008, the Recorder reported on a new UCL competitor action filed by Craigslist against eBay. Zusha Elinson, "Craigslist Fires Back at eBay," The Recorder (May 14, 2008) (subscription). The complaint, filed in San Francisco Superior Court on...
Petition for review filed in County of Santa Clara v. Superior Court (Atlantic Richfield Co.)
Posted on May 20, 2008Yesterday, a petition for review was filed in County of Santa Clara v. Superior Court (Atlantic Richfield Co.), no. S163681. Many thanks to the blog reader who notified me of this and forwarded copies of the petition for review and...
"Class Action Seminar: Secrets from the Bench and Bar"
Posted on May 16, 2008On Wednesday, May 21, 2008, Consumer Attorneys of California (Class Action Section) and the Consumer Attorneys Association of Los Angeles will jointly present an MCLE program called "Class Action Seminar: Secrets from the Bench and Bar." The program runs from...
Off-topic post: Supreme Court to decide In re Marriage Cases today
Posted on May 15, 2008This is way off topic, but the Supreme Court will be handing down its eagerly-anticipated decision in In re Marriage Cases, no. S147999, today at 10:00 a.m. Some of the briefs from the case are collected at this link. When...
New class certification decision: Bufil v. Dollar Financial Group, Inc.
Posted on May 14, 2008In Bufil v. Dollar Financial Group, Inc., ___ Cal.App.4th ___ (Apr. 17, 2008; pub. ord. May 13, 2008), the Court of Appeal (First Appellate District, Division Four) reversed an order denying class certification of certain wage and hour claims. Notably,...
"2007 Developments in California Class Action Law"
Posted on May 12, 2008The Spring/Summer 2008 issue of Competition, the journal of the Antitrust and Unfair Competition Law Section of the State Bar of California, arrived in the mail last week. It includes several articles on antitrust law and one of interest to...
"SF Weekly penalty could rise to $15.6 million"
Posted on May 10, 2008In today's San Francisco Chronicle, Bob Egelko reports that "SF Weekly penalty could rise to $15.6 million": Judge Marla Miller of San Francisco Superior Court said she believes she's required under state law to increase the damages and issue an...
Interesting UCL restitution order: Ybarra v. Aramark Corp.
Posted on May 07, 2008On May 1, 2008, Judge David C. Velasquez, Supervising Judge of the Orange County Superior Court Complex Civil Panel, issued an interesting order in a wage and hour case, Ybarra v. Aramark Corp., No. 30-2008-0018008-CU-OE-CXC (Orange Cty. Super.). Judge Velasquez...
Ninth Circuit memdispo partially reverses denial of class certification: Sepulveda v. Wal-Mart Stores, Inc.
Posted on May 06, 2008In an unpublished memorandum disposition, Sepulveda v. Wal-Mart Stores, Inc., 2008 WL 1868333 (Apr. 25, 2008), the Ninth Circuit partially reversed an order denying class certification, holding that the district court correctly denied certification under Rule 23(b)(3), but applied the...
New Second Circuit decision: Ross v. Bank of America, N.A.
Posted on May 05, 2008Ross v. Bank of America, N.A., ___ F.3d ___ (2d Cir. Apr. 25, 2008), is technically an antitrust case, but the Second Circuit's opinion is noteworthy for its discussion of arbitration clauses that ban class actions. The plaintiffs alleged that,...
"The Search for Intelligent Life in the Blogosphere"
Posted on May 04, 2008The May 2008 issue of California Lawyer has a cover story called "The Search for Intelligent Life in the Blogosphere: A survival guide to legal blogs and blogging." The article mentions a number of California law blogs, including May it...
Blog hiatus
Posted on May 01, 2008The blog will be on a short hiatus, resuming next week. Please continue to email me at uclpractitioner@gmail.com.
New Ninth Circuit class action decision: Negrete v. Allianz Life Insurance Co.
Posted on April 30, 2008In Negrete v. Allianz Life Insurance Co., ___ F.3d ___ (9th Cir. Apr. 29, 2008), the Ninth Circuit invalidated a district court order that would have prohibited the defendant from settling similar class actions pending in other jurisdictions without the...
New Seventh Circuit CAFA opinion: Springman v. AIG Marketing
Posted on April 28, 2008In Springman v. AIG Marketing, Inc., ___ F.3d ___ (7th Cir. Apr. 15, 2008), the Seventh Circuit noted a split among the circuits respecting whether post-removal activity can re-"commence" a case for CAFA removal purposes. Slip op. at 3. This...
"Class Action Lawsuits"
Posted on April 26, 2008A blog called Disgusted Beyond Belief has an interesting post refuting the criticisms often levied against class action cases generally and the class action bar in particular. An excerpt: Dealing with the [class action attorney's] fees [and] whether they are...
Supreme Court denies review and depublication in class certification case: Bell v. Superior Court (H.F. Cox, Inc.)
Posted on April 25, 2008On Wednesday, the Supreme Court denied review and depublication in Bell v. Superior Court (H.F. Cox, Inc.), no. S160423. The case apparently made the Court's reputed "A" list. Justices Kennard and Moreno were of the opinion that review should be...
Supreme Court depublishes class certification opinion: Bell v. Superior Court (H.F. Cox, Inc.)
Posted on April 25, 2008As mentioned in my post immediately below, on Wednesday the Supreme Court issued an order denying review and depublication in Bell v. Superior Court (H.F. Cox, Inc.), no. S160423. However, today, the Supreme Court issued the following order: The order...
New class action objector opinion: Chavez v. Netflix, Inc.
Posted on April 24, 2008In Chavez v. Netflix, Inc., ___ Cal.App.4th ___ (Apr. 21, 2008), the Court of Appeal (First Appellate District, Division One) rejected the objectors' challenges to a class action settlement and attorneys' fees award. The case challenged Netflix's DVD rental practices,...
New Ninth Circuit UCL "likely to deceive" decision: Williams v. Gerber Products Co.
Posted on April 23, 2008On Monday, the Ninth Circuit handed down an opinion applying the "likely to deceive" formulation of the UCL's "fraudulent" prong. Williams v. Gerber Products Co., ___ F.3d ___, 2008 WL 1776522 (9th Cir. Apr. 21, 2008). In Williams, the Ninth...
"Study Shows State Courts Vacating Many Arbitration Awards for Employees, but Not for Employers"
Posted on April 22, 2008Yesterday's National Law Journal reported on a new study by Professor Michael H. LeRoy of the University of Illinois at Urbana-Champaign College of Law showing that courts reverse arbitration awards in favor of employees more frequently than awards that favor...
"Impact of CAFA on the Federal Courts: Fourth Interim Report"
Posted on April 21, 2008The Federal Judicial Center's Impact of CAFA on the Federal Courts: Fourth Interim Report to the Judicial Conference Advisory Committee on Civil Rules (April 2008) is now available online. Other reports and interim reports on CAFA's impact on the federal...
"Garment firm's owners off hook on unpaid wages"
Posted on April 19, 2008In yesterday's San Francisco Chronicle, Bob Egelko had an article on the Court of Appeal's opinion in Bradstreet v. Wong, ___ Cal.App.4th ___ (Apr. 16, 2008). The article provides more of the unfortunate backstory leading up to the suit. My...
Off-topic post: Upcoming San Francisco MCLE - "Meet the Discovery Commissioners"
Posted on April 19, 2008For those of us who practice in state court in San Francisco, an upcoming MCLE program will be of particular interest. Next Wednesday, April 23, 2008, the Litigation Section of Bar Association of San Francisco will present "Meet the Discovery...
"Cutting Class"
Posted on April 18, 2008Attorney H. Scott Leviant, author of the new blog The Complex Litigator, had a Forum piece in Tuesday's Daily Journal called "Cutting Class" (subscription). It primarily addresses A.B. 1905, which died in committee last month. That bill would have allowed...
New UCL restitution decision: Bradstreet v. Wong
Posted on April 17, 2008The Court of Appeal's opinion in Bradstreet v. Wong, ___ Cal.App.4th ___ (Apr. 16, 2008) addresses "vested interest" restitution, which is one of the three types of UCL restitution. The California Supreme Court has held that the Labor Code gives...
Preliminary approval granted in Ford UCL/CLRA case
Posted on April 16, 2008The Sacramento Bee reports this morning that Judge De Alba granted final approval yesterday of the settlement in the Ford case (Ford Explorer Cases, JCCP nos. 4266 & 4270). The article reports that only some of the plaintiffs' attorneys' fee...
California Blog of Appeal hosts Blawg Review
Posted on April 14, 2008Blawg Review #155 is up this morning at the California Blog of Appeal.
Article on impact of Second Circuit's "light" cigarettes opinion on consumer class actions
Posted on April 14, 2008Findlaw.com had an article last week on the Second Circuit's recent class certification opinion, McLaughlin v. American Tobacco Co., ___ F.3d ___ (2d Cir. Apr. 3, 2008) (discussed briefly in this blog post). In "The U.S. Court of Appeals for...
"Women Lawyers Blog for Workplace Equality: Blogging as a Feminist Legal Method"
Posted on April 13, 2008Here is an excerpt from the introduction of an article recently posted on SSRN: Based on a detailed, empirical analysis of women lawyers in law firms, this Comment argues that, similar to Ellickson?s cattle ranchers and Bernstein?s diamond traders, a...
Second District remands Gentry "grant and hold" case back to trial court: Massie v. Ralph's Grocery Co.
Posted on April 11, 2008After the Supreme Court decided Gentry, it remanded all of the "grant and hold" cases back to their respective Courts of Appeal. This week, in an unpublished opinion, the Court of Appeal (Second Appellate District, Division Seven) disposed of one...
San Diego MCLE program this Saturday on use of statistical and survey evidence as a method of classwide proof
Posted on April 10, 2008This Saturday, April 12, 2008, Consumer Attorneys of San Diego is sponsoring an all-day MCLE program called "How to Find, Litigate and Try Class Action Lawsuits." Notwithstanding the title of the program, its primary focus is the use of statistical...
Thoughts on County of Santa Clara v. Superior Court (ARCO)
Posted on April 09, 2008Several things stand out in yesterday's opinion in County of Santa Clara v. Superior Court (Atlantic Richfield Co.), ___ Cal.App.4th ___ (Apr. 8, 2008) (Sixth Appellate District) ("Santa Clara"). As an initial matter, the Court of Appeal explained that under...
"Sixth District Lets Counties Pay on Contingency"
Posted on April 09, 2008In today's Recorder, Mike McKee reports that "Sixth District Lets Counties Pay on Contingency" (subscription): The ruling is great news for local governments, which claim they would have a hard time prosecuting nuisance abatement suits ? such as oil spill...
U.S. Supreme Court preemption decision: Riegel v. Medtronic, Inc.
Posted on April 08, 2008You've probably already heard about the U.S. Supreme Court's decision in Riegel v. Medtronic, Inc., ___ U.S. ___ (Feb. 20, 2008), earlier this year. Last Thursday, The American Lawyer had an interesting article, "For Defendants Alone?" (subscription), about that and...
BREAKING NEWS: Court of Appeal holds public entities may retain private counsel on contingency-fee basis: County of Santa Clara v. Superior Court (Atlantic Richfield Co.)
Posted on April 08, 2008This afternoon, the Court of Appeal (Sixth Appellate District) handed down its eagerly-anticipated opinion in County of Santa Clara v. Superior Court (Atlantic Richfield Co.), ___ Cal.App.4th ___ (Apr. 8, 2008). The Court held that the public entities' contingency-fee agreements...
New Second Circuit class certification decision: McLaughlin v. American Tobacco Co.
Posted on April 07, 2008In McLaughlin v. American Tobacco Co., ___ F.3d ___ (2d Cir. Apr. 3, 2008), the Second Circuit reversed an order granting class certification of civil RICO claims involving "light" cigarettes. My original post from September 2006 on the district court's...
"In Web World of 24/7 Stress, Writers Blog Till They Drop"
Posted on April 06, 2008An article on the front page of today's New York Times reports that "In Web World of 24/7 Stress, Writers Blog Till They Drop": A growing work force of home-office laborers and entrepreneurs, armed with computers and smartphones and wired...
May 14th State Bar UCL Conference - Registration now open!
Posted on April 05, 2008Registration is now open for the Sixth Annual Unfair Competition Law Program sponsored by the State Bar's Antitrust and Unfair Competition Law Section. The full-day program is on May 14, 2008 at the Westin St. Francis Hotel in San Francisco....
Welcome to the blogosphere: The Complex Litigator
Posted on April 04, 2008Attorney H. Scott Leviant has created a new blog, The Complex Litigator, described as "[a] California-centric collection of comments and resources related to the practice and procedure surrounding complex and class action litigation." The blog looks great so far...
New First Circuit class certification decision: In re New Motor Vehicles Canadian Export Antitrust Litigation
Posted on April 03, 2008In In re New Motor Vehicles Canadian Export Antitrust Litigation, ___ F.3d ___, 2008 WL 820922 (1st Cir. Mar. 28, 2008), the First Circuit reversed (without prejudice) an order granting class certification of state-law antitrust claims. It is an interesting...
New unpublished UCL "unlawful" prong decision: Cappa v. CrossTest, Inc.
Posted on April 02, 2008The Court of Appeal's opinion in Cappa v. CrossTest, Inc. (First Appellate District, Division Four, nos. A113327, A114548) (Mar. 28, 2008) contains this discussion of the UCL: Cappa alleged in the second cause of action for unfair business practices (Bus...
BREAKING NEWS: U.S. Supreme Court denies review in class action arbitration case: Circuit City Stores v. Gentry
Posted on April 01, 2008Yesterday, the U.S. Supreme Court denied the petition for a writ of certiorari in Circuit City Stores, Inc. v. Gentry, no. 07-998 (order list dated 03/31/08). Circuit City was attempting to challenge the California Supreme Court's decision in Gentry v...
New Prop. 64 "injury in fact" decision: O'Brien v. Camisasca Automotive Mfg., Inc.
Posted on March 31, 2008In O'Brien v. Camisasca Automotive Manufacturing, Inc., ___ Cal.App.4th ___ (Mar 27, 2008), the Court of Appeal (Fourth Appellate District, Division Three) affirmed summary judgment in the defendant's favor, holding that the plaintiff lacked standing to assert UCL or CLRA...
CAOC Tahoe Seminar - thanks for coming!
Posted on March 30, 2008Thanks to all those who attended the CAOC's annual Tahoe Ski Seminar, at which I spoke last Friday. As promised, here is a copy of my powerpoint presentation from the seminar: "Update on Section 17200" (pdf). For those who attended,...
Recent private attorney general attorneys' fees decision: Marine Forests Society v. California Coastal Commission
Posted on March 27, 2008In Marine Forests Society v. California Coastal Commission, ___ Cal.App.4th ___ (Mar. 4, 2008), the Court of Appeal (Third Appellate District) reversed an order awarding attorneys' fees under the private attorney general doctrine of Code of Civil Procedure section 1021...
New Ninth Circuit CAFA decision: Lussier v. Dollar Tree Stores, Inc.
Posted on March 26, 2008In Lussier v. Dollar Tree Stores, Inc., ___ F.3d ___ (9th Cir. Mar. 7, 2008), the defendant removed the case under CAFA. The district court granted plaintiffs' motion to remand but denied their motion for attorneys' fees. Plaintiffs appealed. The...
Supreme Court expresses potential interest in class certification case: Bell v. Superior Court (H.F. Cox, Inc.)
Posted on March 25, 2008Last Friday, March 21, 2008, the Supreme Court gave itself an extension of time, through April 28, 2008, to grant or deny review in Bell v. Superior Court (H.F. Cox, Inc.), no. S160423. In Bell, the Court of Appeal (Second...
CAOC Tahoe Ski Seminar this Fri.-Sat., Mar. 28-29
Posted on March 24, 2008This Friday, March 28, I will be speaking at the CAOC College of Trial Arts' annual Tahoe Ski Seminar at Harveys Lake Tahoe in Stateline, Nevada. I will be one of the speakers on Track 2: "Quick Hits ? What...
"Top Blogs Hit All the Right Links"
Posted on March 23, 2008Earlier this month, the New Jersey Law Journal ran an article called "Top Blogs Hit All the Right Links" (March 6, 2008).
Procedures for electronic service of Court of Appeal briefs on the Supreme Court now available
Posted on March 19, 2008In early January, I reported on an amendment to Rule of Court 8.212(c)(2) to permit electronic service of Court of Appeal briefs on the Supreme Court. The advisory notes to the amended rule said that instructions would appear on the...
Updates to Civil E-Filing Manual now available online
Posted on March 18, 2008Martin W. Anderson, author of Anderson on Civil E-Filing in the Central District of California, kindly writes to advise that "[t]he procedures for E-Filing in the Central District have been substantially updated since you first referenced my E-Filing manual on...
Recent federal decision applies Pioneer Electronics to resolve dispute over discovery of class member contact information: Salazar v. Avis Budget Group, Inc.
Posted on March 17, 2008In Salazar v. Avis Budget Group, Inc., 2007 WL 2990281 (S.D. Cal. Oct. 10, 2007), a federal district court applied the rules outlined in Pioneer Electronics and ordered the defendant to disclose the class members' contact information after an ?opt-out?...
New UCL "fraudulent" prong decision: Buller v. Sutter Health
Posted on March 14, 2008In Buller v. Sutter Health, ___ Cal.App.4th ___ (Mar. 5, 2008), the plaintiff challenged the defendant's failure to disclose its practice of providing discounts, on request, to customers who timely paid their bills in full. This practice was "fraudulent" and...
Recent UCL "unlawful" prong decision: Dell, Inc. v. Superior Court (Mohan)
Posted on March 07, 2008This case got lost in the blog pile for a few weeks. In Dell, Inc. v. Superior Court (Mohan), ___ Cal.App.4th ___ (Jan. 31, 2008), the Court of Appeal (First Appellate District, Division Four) addressed a UCL "unlawful" prong claim....
Verdict in rare Unfair Practices Act case
Posted on March 06, 2008Today's Recorder reports on a $15.6 million jury verdict in a case brought under the Unfair Practices Act (Bus. & Prof. Code §§17000-17101). Matthew Hirsch, "Newspaper Wins $15.6M in Suit Over Ads" (subscription), The Recorder (Mar. 6, 2008). According to...
Unpublished UCL/SLAPP opinion: The Upper Deck Co. v. Orrick, Herrington & Sutcliffe
Posted on March 06, 2008A recent unpublished opinion, The Upper Deck Co. v. Orrick, Herrington & Sutcliffe, no. D050373 (Feb. 26, 2008), illustrates a creative use of the UCL. The Upper Deck Co. sued Orrick, Herrington & Sutcliffe for legal malpractice. Orrick cross-complained under...
Recent Fourth Circuit opinion on FLSA "opt-in" classes: Long John Silver's Restaurants, Inc. v. Cole
Posted on March 05, 2008In Long John Silver's Restaurants, Inc. v. Cole, ___ F.3d ___ (4th Cir. Jan. 28, 2008), the defendant's arbitration agreement, which all employees had to sign, said that the American Arbitration Association's commercial arbitration rules would apply to any dispute...
New 9th Circuit opinion on class action settlements: In re Syncor ERISA Litigation
Posted on March 04, 2008In In re Syncor ERISA Litigation, ___ F.3d ___ (9th Cir. Feb. 17, 2008), the Ninth Circuit held that the district court abused its discretion by refusing to conduct a Rule 23(e)(2) preliminary approval hearing after the parties notified the...
New UCL "unfair" and "fraudulent" prong decision: Puentes v. Wells Fargo Home Mortgage, Inc.
Posted on March 03, 2008In Puentes v. Wells Fargo Home Mortgage, Inc., ___ Cal.App.4th ___ (Feb. 28, 2008), the Court of Appeal (Fourth Appellate District, Division One), held that the trial court did not err by granting the defendant's summary judgment motion as to...
Reminder: CAOC/SFTLA/BASF class action seminar Wednesday in San Francisco
Posted on March 02, 2008Please come to the 2nd Annual Class Action Seminar: Class Actions from the Plaintiff's Perspective, jointly sponsored by CAOC, SFTLA and BASF. The seminar is this Wednesday, March 5, 9:00 a.m. to 2:00 p.m. in San Francisco, and will be...
Teleseminar: "Pumping Up Your Online Presence with a Blog"
Posted on March 01, 2008On Thursday, March 6, 2008 at 10:00-11:30 a.m. Pacific, the ABA Center for Continuing Legal Education will present a teleseminar called "Pumping Up Your Online Presence with a Blog." From the course description: This program will address the growing ?blogosphere?...
Articles in January/February 2008 issue of Forum
Posted on February 29, 2008The January/February 2008 issue of Forum, the magazine of Consumer Attorneys of California, recently arrived in the mail. Two articles are of particular interest: H. Scott Leviant and Jason E. Barsanti, "Maximize Recovery in Unpaid Wage Cases" (discussing use of...
BREAKING NEWS: Supreme Court to issue private attorney general doctrine opinion tomorrow: Olson v. Autombile Club of Southern California
Posted on February 27, 2008Tomorrow morning at 10:00 a.m., the Supreme Court will release its opinion in a case involving Code of Civil Procedure section 1021.5, the private attorney general doctrine: Olson v. Automobile Club of Southern California, no. S143999 (argued in San Francisco...
Reminder: Will Stern's UCL conference tonight in San Francisco and tomorrow in Los Angeles
Posted on February 26, 2008It is not too late to register to attend Will Stern's annual UCL seminar, sponsored by the Rutter Group. It will take place tonight in San Francisco and tomorrow night in Los Angeles. Will's co-speakers will be Sharon J. Arkin...
Supplemental letter briefs from In re Tobacco II Cases
Posted on February 25, 2008Many thanks to the blog reader who forwarded copies of the supplemental letter briefs filed in In re Tobacco II Cases, no. S147345, the case in which the Supreme Court will address whether reliance is an element of a UCL...
New UCL "injury in fact" decision: Animal Legal Defense Fund v. Mendes
Posted on February 22, 2008In Animal Legal Defense Fund v. Mendes, ___ Cal.App.4th ___ (Feb. 15, 2008), the Court of Appeal (Fifth Appellate District) held that the plaintiffs?two consumers of dairy products?lacked standing to pursue a UCL claim against ranchers who allegedly confined dairy...
"§17200 Practice - Life After Prop. 64"
Posted on February 22, 2008The Rutter Group's annual conference on the UCL, featuring William L. Stern of Morrison & Forester, is coming up on Tuesday, February 26, in San Francisco, and Wednesday, February 27, in Los Angeles. Both programs run from 6:00 to 9:15...
Thanks for tuning in!
Posted on February 21, 2008Thanks to those who signed up and listened to the law blogging webcast this morning, which just concluded moments ago. I hope I will hear feedback from some of you by email (uclpractitioner@gmail.com) or perhaps in the comments to this...
Can a UCL "unlawful" prong claim be predicated on out-of-state law?
Posted on February 21, 2008I have been asked before whether a UCL "unlawful" prong claim may be predicated on the defendant's violation of the law of another state. California case law is very clear that the UCL prohibits "any practices forbidden by law, be...
Reminder: Law blogging webinar tomorrow
Posted on February 20, 2008Registration is still open for tomorrow's West Legalworks webinar, "Law Blogging for Fun and Profit: Building Your Audience, Building Your Practice." The webinar is from 9:00-10:30 a.m. Pacific. I will be one of the speakers, along with J. Craig Williams...
Review denied in class certification case: Lewis v. Robinson Ford Sales
Posted on February 20, 2008During its conference last week, the Supreme Court declined to review the Court of Appeal's decision in Lewis v. Robinson Ford Sales, Inc., 156 Cal.App.4th 359 (2007). In that case, the Court of Appeal (Fourth Appellate District, Division One) reversed...
Two new decisions on private attorney general doctrine attorneys' fees: Adoption of Joshua S. and Roybal v. Governing Board
Posted on February 19, 2008Two new decisions construing the private attorney general doctrine of Code of Civil Procedure section 1021.5 have recently been handed down. In Adoption of Joshua S., ___ Cal.4th ___ (Jan. 24, 2008), the Supreme Court held that "section 1021.5 does...
"Choose Litigation: It's at the Center of Law, a Noble Profession"
Posted on February 15, 2008I liked this Forum article (subscription) from last Monday's Daily Journal. Former Orange County Superior Court Judge William Scheffield is very enthusiastic about the legal profession, particularly litigation, as a calling. He also articulates an interesting perspective on the advocate's...
"Limiting Legal Scope": the economic abstention doctrine
Posted on February 14, 2008On February 7, 2008, the Daily Journal ran a Focus article called "Limiting Legal Scope" (subscription). The article addresses, from a defense-oriented perspective, the economic abstention doctrine that has developed in the UCL case law. According to the article, The...
"The Unofficial E-Filing Manual for the U.S. District Court, Central District of California"
Posted on February 13, 2008On Janury 30, 2008, the Daily Journal had a short article (subscription) about a document that sounds very handy for those of us practicing in the Central District of California, which just adopted mandatory e-filing rules for virtually all civil...
Federal decision on UCL "unlawful" prong: Gabana Gulf Distribution, Ltd. v. GAP Intern. Sales, Inc.
Posted on February 12, 2008In Gabana Gulf Distribution, Ltd. v. GAP Intern. Sales, Inc., 2008 WL 111223 (N.D. Cal. Jan. 9, 2008), the Court (Judge Charles R. Breyer) held that a UCL "unlawful" prong claim may be predicated on violation of a common-law rule...
"High Court OKs Suit Over Pink Salmon"
Posted on February 12, 2008Today's Recorder has an article (subscription) on the Salmon decision. The Daily Journal also reports that "High Court Allows Suits Over Salmon" (subscription). Looking at the decision more closely last night, it doesn't really say anything particularly new or interesting...
New Supreme Court preemption decision: Farm Raised Salmon Cases
Posted on February 11, 2008As I reported last Friday, the Supreme Court is due to post its opinion in Farm Raised Salmon Cases, no. S147171, by this morning at 10:00 a.m. When the decision is up, it will be accessible at this link: Farm...
"Bloggers at their computers are Supermen in flight"
Posted on February 09, 2008From a February 14th article in the New York Times Review of Books: Bloggers at their computers are Supermen in flight. They break the rules. They go into their virtual phone booths, put on their costumes, bring down their personal...
BREAKING NEWS: Supreme Court to issue opinion Monday in UCL preemption case: Farm Raised Salmon Cases
Posted on February 08, 2008Today, the Supreme Court announced that it will be issuing its opinion Monday morning in an important preemption case, Farm Raised Salmon Cases, no. S147171. This case raises the following issue: "Does the Federal Food, Drug, and Cosmetic Act (21...
"Law Blogging for Fun and Profit: Building Your Audience, Building Your Practice"
Posted on February 08, 2008On Tuesday, February 21, 2008 at 9:00-11:30 a.m. Pacific, I will speak at a webinar sponsored by West Legalworks called "Law Blogging for Fun and Profit: Building Your Audience, Building Your Practice." My co-speakers are the authors of two leading...
Recent federal UCL "safe harbor" decision: Williams v. Washington Mutual Bank
Posted on February 07, 2008In Williams v. Washington Mutual Bank, 2008 WL 115097 (E.D. Cal. Jan. 11, 2008), the court (Judge William B. Schubb) had this to say about the Cel-Tech "safe harbor": California's UCL restricts "any unlawful, unfair, or fraudulent business act or...
A collection of recent articles on CAFA
Posted on February 06, 2008On November 30 and December 1, 2007, the University of Pennslyvania Law Review conducted a symposium entitled "Fairness to Whom? Perspectives on the Class Action Fairness Act of 2005." The papers presented at the symposium will appear in a forthcoming...
U.S. Supreme Court takes up UDAP statute preemption case: Altria Group v. Good
Posted on February 05, 2008On January 18, 2008, the U.S. Supreme Court granted cert. in Altria Group v. Good, no. 07-562. In that case, the Court will address whether the Federal Cigarette Labeling and Advertising Act ("FCLAA") (15 U.S.C. §§1331 et seq.) preempts a...
Another new class member discovery decision: CashCall, Inc. v. Superior Court
Posted on February 04, 2008In CashCall, Inc. v. Superior Court, ___ Cal.App.4th ___ (Jan. 24, 2008), the Court of Appeal (Fourth Appellate District, Division One) handed down another significant discovery-related opinion, holding that the trial court appropriately permitted "precertification discovery in a class action...
"Changing the Online Legal Landscape"
Posted on February 02, 2008In an article dated January 23, 2008 on Law.com, Robert Ambrogi highlighted his "five most notable legal sites of 2007." They are: Avvo; Public.Resource.Org; AltLaw; ABA Journal; and Justia (aka Blawg Search).[Via Avvoblog.]
Statement of issues on review in Reid v. Google
Posted on February 01, 2008The Supreme Court's statement of issues on review in Reid v. Google, no. S158965, is up. It looks like the UCL restitution issue will not be a major focus of the case: Petition for review after the Court of Appeal...
Supreme Court grants review in UCL "vested interest" restitution case: Reid v. Google
Posted on January 31, 2008Yesterday, the Supreme Court granted review in Reid v. Google, no. S158965. In that case, the Court of Appeal held (among other things) that the UCL did not permit the plaintiff to recover his unvested stock options as "restitution" in...
New UCL public prosecutor decision: People ex rel. Gallegos v. Pacific Lumber Company
Posted on January 30, 2008The Court's opinion in People ex rel. Gallegos v. Pacific Lumber Company, ___ Cal.App.4th ___ (Jan. 10, 2008) (First Appellate District, Division Three) contains a very interesting discussion of the interplay between the UCL and the litigation privilege of Civil...
New UCL/CLRA "preclusion" decision: Wells Fargo Bank v. Superior Court
Posted on January 29, 2008In Wells Fargo Bank v. Superior Court, ___ Cal.App.4th ___ (Jan. 25, 2008), the Court of Appeal (First Appellate District, Division One) held that "the Securities Litigation Uniform Standards Act of 1998 (Pub.L. No. 105?353 (Nov. 3, 1998) 112 Stat....
New class member discovery decision: Puerto v. Superior Court (Wild Oats Markets, Inc.)
Posted on January 28, 2008In Puerto v. Superior Court (Wild Oats Markets, Inc.), ___ Cal.App.4th ___ (Jan. 15, 2008), the Court of Appeal (Second Appellate District, Division Seven) held that the trial court abused its discretion by requiring an "opt-in" procedure before witness contact...
"Federal judge nominated to state appeals court"
Posted on January 26, 2008Today's San Francisco Chronicle reports that U.S. District Judge Martin Jenkins has been nominated to serve on the First District Court of Appeal based in San Francisco, replacing Justice Joanne Parrilli, who recently retired. Bob Egelko, "Federal judge nominated to...
March 5, 2008 MCLE: "Class Action Hurdles From The Plaintiff?s Perspective"
Posted on January 24, 2008On March 5, 2008, Consumer Attorneys of California College of Trial Arts, the San Francisco Trial Lawyers Association, and the Bar Association of San Francisco will jointly present their 2nd Annual Class Action Seminar: Class Action Hurdles From the Plaintiff's...
Two Supreme Court opinions to be handed down tomorrow
Posted on January 23, 2008The Supreme Court just announced that it will hand down two new opinions tomorrow at 10:00 a.m. While they are not strictly related to the UCL, they do sound very interesting, especially the second one, which addresses attorneys' fees under...
New York decision on rights of absent class members: Wyly v. Milberg Weiss Bershad & Schulman LLP
Posted on January 22, 2008In Wyly v. Milberg Weiss Bershad & Schulman LLP, ___ N.Y.S.2d ___, 2007 NY Slip. Op. 10506 (Dec. 27, 2007), the New York Supreme Court, Appellate Division (First Department) addressed the relationship between absent class members and class counsel. In...
"Blogging Lessons Learned"
Posted on January 19, 2008On January 10, 2008, The National Law Journal had an article, "Blogging Lessons Learned," by Mark Herrmann, one of the two authors of Drug and Device Law. An excerpt: Finally, the spoils: Blogging pays off. It pays off in part...
Oral argument report: County of Santa Clara v. Superior Court (ARCO)
Posted on January 18, 2008Yesterday, in County of Santa Clara v. Superior Court (ARCO), the Court of Appeal for the Sixth Appellate District heard oral argument on whether public entities may hire private attorneys to represent them on a contingency-fee basis. The panel consisted...
Yesterday's oral argument: County of Santa Clara v. Superior Court (ARCO)
Posted on January 18, 2008I attended yesterday's argument in County of Santa Clara v. Superior Court (ARCO) and will put up my report later today. For now, suffice it to say that the presentations were excellent and that the justices' comments suggest that they...
Oral argument preview: County of Santa Clara v. Superior Court (ARCO)
Posted on January 17, 2008This morning at 9:30, the Court of Appeal for the Sixth Appellate District will hear oral argument in County of Santa Clara v. Superior Court (ARCO), no. H031540. In this case, the issue is whether a public prosecutor may hire...
A new firm for the new year!
Posted on January 11, 2008After six years with The Furth Firm LLP, I have decided to explore new opportunities! I have joined another San Francisco plaintiffs' class action firm, Schubert & Reed LLP, as a partner. I'm very excited about this opportunity and am...
Supreme Court expresses potential interest in UCL "injury in fact" case: Buckland v. Threshold Enterprises, Ltd.
Posted on January 11, 2008On January 3, 2008, the Supreme Court granted itself an extension of time, through February 1, 2008, to grant or deny review in Buckland v. Threshold Enterprises, Ltd., no. S157919. In Buckland, the Court of Appeal (Second Appellate District, Division...
New UCL "injury in fact" decision: Hall v. Time Inc.
Posted on January 10, 2008In Hall v. Time Inc., ___ Cal.App.4th ___ (Jan. 8, 2007 2008), the Court of Appeal (Fourth Appellate District, Division Three) construed Prop. 64's "injury in fact" language and held that "causation" must also be pleaded to meet Prop. 64's...
"Private AGs Watching Fate of Expert Fees"
Posted on January 09, 2008Yesterday's Recorder had an article on a case to be argued today in the California Supreme Court addressing whether expert witness fees, in addition to attorneys' fees, are recoverable under the private attorney general doctrine of Code of Civil Procedure...
UCL decision from last May: Overstock.com, Inc. v. Gradient Analytics, Inc.
Posted on January 08, 2008Somehow I missed the Court of Appeal's opinion in Overstock.com, Inc. v. Gradient Analytics, Inc., 151 Cal.App.4th 688 (2007), which the First Appellate District, Division Four handed down on May 30, 2007. Overstock.com was decided in the context of an...
Op-Ed by Chief Justice George: "Reform death penalty appeals"
Posted on January 07, 2008Chief Justice Ronald M. George has an op-ed piece in today's Los Angeles Times, "Reform death penalty appeals." Of interest to those of us who practice in the civil arena: California's Supreme Court issues 110 to 115 opinions annually, almost...
ALI's "Principles of the Law of Aggregate Litigation"
Posted on January 07, 2008The American Law Institute, which publishes the various Restatements, is now working on a project called "Principles of the Law of Aggregate Litigation." Here is the project's statement of purpose: Purpose: This project aims to supply up-to-date coherence to the...
Law blogs acknowledged in The Nine by Jeffrey Toobin
Posted on January 05, 2008For Christmas this year I received two (!) copies of The Nine: Inside the Secret World of the Supreme Court by Jeffrey Toobin, one from my dad and one from a good friend. On page 342, introducing the notes, Toobin...
Supreme Court now accepts electronic service copies of Court of Appeal briefs!
Posted on January 04, 2008A few interesting amendments to the Rules of Court went into effect on January 1, 2008. For example, Rule of Court 8.212(c)(2) used to require that four paper copies of all briefs filed with the Court of Appeal be served...
Settlement in Apple v. bloggers case
Posted on January 03, 2008On December 21, 2007, the Recorder reported on a settlement in the Apple v. bloggers case (O'Grady v. Superior Court): "Apple Deal Kills Blog That Leaked Product Information." According to the article, one of the bloggers agreed to shut down...
New class certification decision: Bell v. Superior Court (H.F. Cox, Inc.)
Posted on January 02, 2008In Bell v. Superior Court (H.F. Cox, Inc.), ___ Cal.App.4th ___ (Nov. 21, 2007; pub. ord. Dec. 20, 2007), the Court of Appeal affirmed in part and reversed in part the trial court's order denying certification of certain Labor Code...
Happy Holidays!
Posted on December 21, 2007The blog will be on hiatus until after the first of the year. Please continue to email me (uclpractitioner@gmail.com) with news, cases, questions, thoughts, etc. Best wishes to everyone for a happy holiday season and a prosperous 2008!
Review and depublication denied: Shersher v. Superior Court
Posted on December 20, 2007Yesterday, the Supreme Court denied review and depublication of the Court of Appeal's opinion in Shersher v. Superior Court (Microsoft Corp.), 154 Cal.App.4th 1491 (2007). For more on this case, see this blog post. The Supreme Court's docket is here:...
Recent unpublished class action settlement/objector opinion: Vroegh v. Eastman Kodak Co.
Posted on December 19, 2007In an unpublished opinion, Vroegh v. Eastman Kodak Co., 2007 WL 4217144 (Nov. 30, 2007), the Court of Appeal (First Appellate District, Division Five) affirmed the trial court's order approving a class action settlement, including an attorneys' fees award, and...
"Three Evolving Facets of UCL Restitution"
Posted on December 18, 2007My latest article, which appears in the December November 2007 issue of CAOC Forum, is called "Three Evolving Facets of UCL Restitution." The three facets of restitution that the article discusses are "money taken" restitution; "vested interest" restitution; and restitutionary...
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