Litigation

Cal Supremes Put Another Bullet in The Unfair Competition Law

By Bruce Nye

    In a post here last May, I talked about the California Supreme Court's decision in In Re Tobacco II Cases (2009) 46 Cal.4th 298, suggesting that in that decision, the Supremes might have enlarged the field of potential litigation under California's notorious UCL, and I also gave a little history of how the UCL grew out of control, became a playground for uninjured bounty-hunters and eventually ran into a voter buzz-saw in 2006.

    Well, today the Supremes moved in the opposite direction, holding in Arias v. Superior Court (Angelos Dairy, RPI) (June 29, 2009) ___ Cal.4th ___ (S155965) and Amalgamated Transit Union, Local 1756, AFL-CIO et al. v. Superior Court (First Transit, Inc., et al., RPI) (June 29, 2009) ___Cal.4th___(S151615) that a UCL plaintiff who seeks to represent the interests of others must bring suit as a class action and meet class certification requirements.

Full post as published by CalBizLit on June 29, 2009 (boomark / email).