Class Action

Pending appellate cases raising Tobacco-related issues

By Kimberly A. Kralowec

A 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, Division Seven).  This case stems from an order sustaining a demurrer to class allegations without leave to amend (among other rulings).  Supplemental briefs addressing Tobacco were filed on July 6 and August 3, 2009.  The case was argued and submitted last Friday, August 28, which means we can expect an opinion within 90 days of that date.

• Kaldenbach v. United of Omaha Life Ins. Co., no. G038539 (Fourth Appellate District, Division Three).  This case is an appeal from an order denying certification of an entire class.  It was argued last October, but submission was subsequently vacated.  On June 18, 2009, the parties submitted simultaneous supplemental briefs on Tobacco.  The matter was ordered resubmitted on July 8, 2009. 

As those who closely follow the appellate decisions know, these two divisions are light years apart in their general approach to class certification and the UCL, so it will be quite interesting to see what happens in these cases. 

In addition, the two Tobacco "grant and hold" cases are proceeding apace.  In McAdams v. Monier, no. S154088, and Pfizer v. Superior Court (Galfano), no. S145775, the parties' supplemental briefs pursuant to Rule of Court 8.200(b)(1) will be due today.  Neither docket indicates that an extension of time was sought or obtained for those briefs. 

Full post as published by The UCL Practitioner on September 03, 2009 (boomark / email).