Class Action

ABA Journal Blawg 100 nominations open

Posted on September 15, 2010
The ABA Journal is putting together its annual list of the 100 best legal blogs, as selected by the Journal's editors. Here's last year's list. I would be grateful to my readers if you would take the time to nominate...

More on upcoming MCLE programs

Posted on September 14, 2010
Last week I put up a post with four upcoming MCLE programs, including the Employment Law Symposium sponsored by the Alameda County Bar Association, which is coming up on October 28. It turns out that you can separately register for...

Recently-published class certification decision: Gutierrez v. California Commerce Club, Inc.

Posted on September 13, 2010
In Gutierrez v. California Commerce Club, Inc., ___ Cal.App.4th ___ (Aug. 2, 2010; pub. ord. Aug. 28, 2010), the Court of Appeal (Second Appellate District, Division One), reversed an order dismissing class allegations at the pleading stage. Gutierrez is a...

Upcoming MCLE conferences in October

Posted on September 09, 2010
October will be a good month to get some MCLE credits under your belt: Friday-Saturday, October 8-9, 2010: Consumer Attorneys of San Diego 3rd Annual Class Action Symposium, Hilton San Diego Bayfront (my panel is called "Year in Review: Hot...

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Supreme Court sets UCL restitution case for oral argument: Pineda v. Bank of America

Posted on September 08, 2010
Yesterday, the Supreme Court posted its oral argument calendar for October. One case of interest, Pineda v. Bank of America, no. S170758, has been set for argument, on Tuesday, October 5, 2010 at 1:30 p.m. The Court is holding a...

Supreme Court takes up private attorney general fees case: Serrano v. Stefan Merli Plastering Co.

Posted on August 27, 2010
A new blog, At the Lectern, reports that on August 18, 2010, the Supreme Court granted review in a case addressing Code of Civil Procedure section 1021.5, the private attorney general attorneys' fees statute. Serrano v. Stefan Merli Plastering, no....

New Unfair Practices Act decision: Bay Guardian Co. v. New Times Media LLC

Posted on August 26, 2010
In Bay Guardian Co. v. New Times Media LLC, ___ Cal.App.4th ___ (Aug. 11, 2010), the Court of Appeal (First Appellate District, Division One) construed Business & Profession Code section 17043, which is part of the Unfair Practices Act (adjacent...

Dukes v. Wal-Mart cert. petition filed

Posted on August 26, 2010
The cert. petition in Dukes v. Wal-Mart was filed yesterday, and has been made available online by SCOTUSblog. The response will be due on September 24, according to the Supreme Court's docket. Wal-Mart Stores, Inc. v. Dukes, no. 10-277. The...

Registration open for State Bar's annual antitrust and UCL conference, Oct. 21, 2010

Posted on August 26, 2010
Registration is now open for the State Bar's 20th Annual Golden State Antitrust and Unfair Competition Law Institute & Antitrust Lawyer of the Year Award Dinner, which will take place on Thursday, October 21, 2010 at the Westin St. Francis...

Two new opinions on no-class-action arbitration clauses: Fisher v. DCH Temecula Imports LLC and Walnut Producers of California v. Diamond Foods, Inc.

Posted on August 25, 2010
The Court of Appeal has recently handed down two new decisions addressing arbitration clauses with class action bans. In the first, Fisher v. DCH Temecula Imports LLC, ___ Cal.App.4th ___ (Aug. 13, 2010), the Court of Appeal (Fourth Appellate District,...

New CLRA and UCL "unlawful" prong decision: Vitug v. Alameda Point Storage, Inc.

Posted on August 24, 2010
In Vitug v. Alameda Point Storage, Inc., ___ Cal.App.4th ___ (Aug. 10, 2010), the Court of Appeal affirmed a judgment entered following a demurrer to CLRA and UCL "unlawful" prong claims predicated on alleged violations of the California Self-Service Storage...

Three new federal decisions on class action issues: Wolin v. Jaguar Land Rover, Avritt v. Reliastar Life Ins. Co., and Cappuccitti v. DirecTV, Inc.

Posted on August 23, 2010
The Eighth, Ninth and Eleventh Circuits have handed down three decisions of interest in recent weeks: In Wolin v. Jaguar Land Rover North America LLC, ___ F.3d ___ (9th Cir. Aug. 17, 2010), the Ninth Circuit reversed an order denying...

BASF program today: Strategies for Growing Your Practice

Posted on August 10, 2010
It's not too late to attend today's seminar, "Strategies for Growing Your Practice," sponsored by the Bar Association of San Francisco's Solo and Small Firm Committee. The program runs from noon to 1:30 at the BASF Conference Center, 301 Battery...

Supreme Court to hand down two opinions of interest today: Clark v. Superior Court and Lu v. Hawaiian Gardens

Posted on August 09, 2010
According to Friday's notice of forthcoming filings, two opinions of interest will be handed down this morning at 10:00 a.m.: Clark v. Superior Court (Nat'l Western Life Ins.), ___ Cal.4th ___ (Aug. 10, 2010) (no. S174229) Lu v. Hawaiian Gardens...

"Supremes Hand Win to Workers with Google Age Bias Ruling"

Posted on August 06, 2010
Yesterday's Recorder had this article by Kate Moser summarizing the Supreme Court's decision yesterday in Reid v. Google, Inc., ___ Cal.4th ___ (Aug. 5, 2010). An exerpt from the article: In a unanimous opinion published today, the court held that...

Alameda County Superior Court accepts electronic filing of CMC statements as of 06/01/10

Posted on August 04, 2010
This is not directly related to UCL or class action practice, but for those of us with cases in Alameda County, it could be very useful. As of June 1, 2010, the Alameda County Superior Court permits electronic filing of...

OFF-TOPIC BREAKING NEWS: Judge Walker strikes down Prop. 8

Posted on August 04, 2010
In case you haven't seen it, here is Judge Walker's 138-page order today finding Proposition 8 unconstitutional and enjoining its enforcement. I've updated this off-topic post on the same subject.

Supreme Court to hand down summary judgment opinion tomorrow: Reid v. Google, Inc.

Posted on August 04, 2010
The Supreme Court's notice of forthcoming filings indicates that it will be handing down its opinion tomorrow morning in Reed v. Google, Inc., no. S158965. This case was argued on May 26, 2010 and will address summary judgment motion standards....

Upcoming BASF program: "Strategies for Growing Your Practice"

Posted on August 03, 2010
Next Tuesday, August 10, 2010, the Solo & Small Firm Committee of the Bar Association of San Francisco will present "Strategies for Growing Your Practice." I will be a speaker and will talk about legal weblogs as a business development...

New Ninth Circuit UCL opinion: Rubio v. Capital One Bank

Posted on August 02, 2010
In Rubio v. Capital One Bank, ___ F.3d ___ (9th Cir. Jul. 21, 2010), the Ninth Circuit addressed UCL standing and held that loss of a line of credit constitutes a loss of money or property sufficient to confer Prop....

"A World Without Lawyers"

Posted on July 31, 2010
I'm in San Diego at a CAOC Board meeting this morning, and I learned about this:

New class settlement decision: In re Cellphone Fee Termination Cases

Posted on July 29, 2010
Yesterday, the Court of Appeal (First Appellate District, Division Five) certified for partial publication its opinion in In re Cellphone Fee Termination Cases, ___ Cal.App.4th ___ (Jun. 28, 2010; pub. ord. July 27, 2010). The opinion affirms an order granting...

New UCL attorneys' fees decision: Kirby v. Immoos Fire Protection, Inc.

Posted on July 28, 2010
In Kirby v. Immoos Fire Protection, Inc., ___ Cal.App.4th ___ (Jul. 27, 2010), the Court of Appeal (Third Appellate District) reversed, in part, an order awarding attorneys' fees to a successful defendant in a wage and hour case. The panel's...

Supreme Court addresses contingency-fee arrangements in County of Santa Clara v. Superior Court (Atlantic Richfield Co.)

Posted on July 27, 2010
The Supreme Court's opinion yesterday in County of Santa Clara v. Superior Court (Atlantic Richfield Co.), ___ Cal.4th ___ (Jul. 26, 2010), is largely focused on contingency-fee agreements between public prosecutors and private counsel in public nuisance cases...

"Defending the Class Action Trial"

Posted on July 23, 2010
Monday's Daily Journal had an interesting Perspective article, "Defending the Class Action Trial" (link not available), by attorney James Donato of Shearman & Sterling in San Francisco. It begins:Class action trials. It is probably safe to say that more lawyers...

BREAKING NEWS: Supreme Court to hand down County of Santa Clara v. Superior Court (ARCO) on Monday

Posted on July 23, 2010
The Supreme Court announced today that it will be handing down its opinion in County of Santa Clara v. Superior Court (Atlantic Richfield Co.), no. S163681, on Monday at 10:00 a.m. This is the case addressing whether public entities may...

Second Circuit strikes down no-class-action arbitration clause under California law: Fensterstock v. Education Finance Partners

Posted on July 22, 2010
In Fensterstock v. Education Finance Partners, ___ F.3d ___ (2d Cir. Jul. 12, 2010), the Second Circuit, applying California law (including Discover Bank), struck down a no-class-action arbitration clause as unconscionable. The court invalidated the entire arbitration clause, holding that...

Third Circuit class settlement opinion: Sullivan v. DB Investments, Inc.

Posted on July 21, 2010
In Sullivan v. DB Investments, Inc., ___ F.3d ___, 2010 WL 2736947 (3d Cir. Jul. 13, 2010), the Third Circuit (with one judge concurring only in the disposition) reversed an order granting final approval of a nationwide settlement in an...

BREAKING NEWS: Third District Court of Appeal Justice Tani Cantil-Sakauye Nominated by Schwarzenegger to Supreme Court

Posted on July 21, 2010
Governor Schwarzenegger has just announced his nomination of Third District Court of Appeal Justice Tani Cantil-Sakauye to succeed Ronald M. George as Chief Justice of the California Supreme Court. Here is the official press release, and here is Justice Cantil-Sakauye's...

Class certification order in Chavez v. Blue Sky Natural Beverage Co. published in F.R.D.

Posted on July 20, 2010
Judge Walker's recent nationwide class certification ruling is now available on Westlaw and has been assigned a Federal Rules Decisions citation: Chavez v. Blue Sky Natural Beverage Co., ___ F.R.D. ___, 2010 WL 2528525 (N.D. Cal. 2010). My earlier blog...

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