Class Action

Supreme Court grants review in UCL/antitrust case: Clayworth v. Pfizer, Inc.

Posted on November 20, 2008
Yesterday, 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, 2008
This 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, 2008
Today'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, 2008
We 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....

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"Cutting Class"

Posted on November 18, 2008
Yesterday'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, 2008
On 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, 2008
Thanks 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, 2008
Yesterday'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, 2008
In 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, 2008
In 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, 2008
In 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, 2008
In 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, 2008
As 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, 2008
Two 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, 2008
Don'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, 2008
SCOTUSBlog 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, 2008
Last 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, 2008
A 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, 2008
In 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, 2008
Friedman 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, 2008
This 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, 2008
Here 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, 2008
A 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, 2008
On 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, 2008
Yesterday, 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, 2008
In 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, 2008
In 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, 2008
Yesterday, 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, 2008
On 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, 2008
In 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...

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