Class Action

Supreme Court denies review in two more post-Tobacco II cases

By Kimberly A. Kralowec

I am still combing through the lengthy Wal-Mart opinion.  Meanwhile, in other new of note, during its conference on April 14, 2010, the California Supreme Court denied review in two more of the nine post-Tobacco II cases: 

• Weinstat v. Dentsply International, no. S180179 (request for depublication also denied); and

• In re Steroid Hormone Cases, no. S180583.

Chief Justice George was absent and did not participate. 

With review now having been denied in five of the nine cases, both plaintiff- and defense-favorable, it's very difficult to read anything into the Court's actions.  (In three of the nine cases, no review petition was filed.)  They will have one more chance to grant review (at least until some new decisions interpreting Tobacco II are handed down).  A petition for review was filed on April 13, 2010 in Pfizer, Inc. v. Superior Court (Galfano), no. S181786. 

Based on what they've done so far, however, the justices don't seem to have much interest in taking up another case on this subject yet. 

Full post as published by The UCL Practitioner on April 27, 2010 (boomark / email).