Class Action

New federal UCL "fraudulent" prong decision: In re Neurotonin Marketing & Sales Practices Litigation

By Kimberly A. Kralowec

Many thanks to the blog reader who drew my attention to a new federal decision of interest, In re Neurotonin Marketing & Sales Practices Litigation, ___ F.Supp.2d ___, 2010 WL 4325225 (D. Mass. Nov. 3, 2010).  In this post-trial decision, the court orders the defendant (Pfizer) to pay $95 million in restitution to the plaintiff (Kaiser Foundation Health Plan) for violations of the UCL's "fraudulent" prong. 

The decision is lengthy and covers a variety of very interesting UCL-related subjects, including "reliance" post-Tobacco II, partial omissions, the delayed discovery rule, choice-of-law, causation, the measure of restitution, and pre-judgment interest in UCL actions. 

This case shows just how powerful the UCL can be.

Full post as published by The UCL Practitioner on November 12, 2010 (boomark / email).