Class Action

BREAKING NEWS: Two new cases handed down today and yesterday

Posted on February 24, 2010
Yesterday, the Supreme Court handed down its opinion in the CAFA case, Hertz Corp. v. Friend, ___ U.S. ___ (Feb. 23, 2010). Today, the Court of Appeal (Third Appellate District) handed down its opinion in McAdams v. Monier, Inc., ___...

New Ninth Circuit class certification opinion: Yokoyama v. Midland National Life Ins. Co.

Posted on February 19, 2010
In Yokoyama v. Midland National Life Ins. Co., ___ F.3d ___ (9th Cir. Feb. 8, 2010), the Ninth Circuit reversed an order denying class certification of claims brought under Hawaii's consumer protection law, which bears a strong resemblance to the...

New class certification opinion: Jaimez v. DAIHOS USA, Inc.

Posted on February 18, 2010
In Jaimez v. DAIHOS USA, Inc., ___ Cal.App.4th ___ (Jan. 12, 2010; pub. ord. Feb. 8, 2010), the Court of Appeal (Second Appellate District, Division One) reversed an order denying class certification of various wage and hour claims.

Court of Appeal adds new section to opinion: Steroid Hormone Product Cases

Posted on February 17, 2010
On February 8, 2010, the Court of Appeal (Second Appellate District, Division Four) issued a modification order adding a new, three-page section to its opinion in Steroid Hormone Product Cases, ___ Cal.App.4th ___ (Jan. 21, 2010). As my post on...

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Recent Supreme Court activity in three UCL cases: Princess Cruise Lines, Cohen and Zhang

Posted on February 16, 2010
On February 4, 2010, the Supreme Court denied review in Princess Cruise Lines v. Superior Court (Wang), no. S178842. Here is my original post on the case, which interpreted Tobacco II. On February 10, 2010, the Supreme Court denied review...

Ninth Circuit strikes down another no-class-action arbitration clause: Omstead v. Dell, Inc.

Posted on February 09, 2010
In Omstead v. Dell, Inc., ___ F.3d ___ (9th Cir. Feb. 5, 2010), the Ninth Circuit struck down a no-class-action arbitration clause as unconscionable under Discover Bank.

Rutter Group 17200 Seminar March 1 and 3

Posted on February 08, 2010
The Rutter Group's annual seminar on 17200 practice will take place on Monday, March 1, 2010 at the Hotel Nikko in San Francisco and on Wednesday, March 3, 2010 at the Los Angeles Mariott Downtown. This year, I am pleased...

"Getting What You Paid For"

Posted on February 04, 2010
The February 2010 issue of California Lawyer has this article on Kwikset Corp. v. Superior Court (Benson), which is now pending before the California Supreme Court. The article is by Mark P. Pifko of Arnold & Porter in Los Angeles.

Orange County Bar Association Appellate Law Section Meeting on Wednesday, Feb. 3

Posted on February 03, 2010
Today's meeting of the Appellate Law Section of the Orange County Bar Association will take place at noon in Santa Ana and will feature three speakers on appellate ADR. Appellate specialization MCLE credit is offered. Click here for more information.

Significant appellate practice decision: Brown, Winfield & Cazonieri, Inc. v. Superior Court

Posted on February 03, 2010
In Brown, Winfield & Cazonieri, Inc. v. Superior Court (Great Am. Ins. Co.), ___ Cal.4th ___ (Feb. 1, 2010), the Supreme Court elaborated on what appellate practitioners refer to as Palma notices. This is the introduction to the majority opinion...

New UCL economic abstention doctrine decision: Acre v. Kaiser Foundation Health Plan, Inc.

Posted on February 02, 2010
In Acre v. Kasier Foundation Health Plan, Inc., ___ Cal.App.4th ___ (Jan. 27, 2010), the trial court sustained a demurrer to a UCL action without leave to amend based on: (a) the economic abstention doctrine; and (b) the conclusion that...

A cautionary tale: "Judge OKs Suit Against Firm for YouTube Video"

Posted on January 29, 2010
On Monday, the Recorder had this report on a defamation suit filed against a law firm (and one of its attorneys) based on statements they made in a YouTube video in an attempt to identify additional class representatives for a...

Oral argument report: McAdams v. Monier, Inc.

Posted on January 28, 2010
On Monday, January 25, 2010, the Court of Appeal (Third Appellate District) in Sacramento held further oral argument in McAdams v. Monier, Inc., no. C051841, which is one of the Tobacco II "grant and hold" cases. My post on the...

Register for CAOC's 4th Annual Class Action Seminar this Thursday

Posted on January 25, 2010
I highly recommend that all plaintiffs' attorneys register to attend CAOC's 4th Annual Class Action Seminar, which will take place this coming Thursday, January 28, from noon to 6:00 p.m. at the Sir Francis Drake Hotel in San Francisco. Registration....

New UCL class certification decision: Steroid Hormone Product Cases

Posted on January 22, 2010
Another case interpreting Tobacco II has been handed down, and this one, like Weinstat a couple of weeks ago, refutes the Cohen court's interpretation. In Steroid Hormone Product Cases, ___ Cal.App.4th ___ (Jan. 21, 2010), the Court of Appeal (Second...

Supreme Court extends time to grant or deny review in Cohen v. DirecTV

Posted on January 22, 2010
Yesterday, the Supreme Court gave itself an extension of time through March 1, 2010 to grant or deny review in Cohen v. DirecTV, no. S177734. See this blog post for copies of the petition for review, depublication requests, and oppositions...

"Lower Courts Chip at Tobacco Ruling"

Posted on January 20, 2010
Yesterday's Daily Journal had an article (subscription) about Cohen and other post-Tobacco II decisions, including quotations from Will Stern, Trent Norris, and yours truly.

New Ninth Circuit class action settlement opinion opinion: Narouz v. Charter Communications

Posted on January 19, 2010
The Ninth Circuit's opinion in Narouz v. Charter Communications, LLC, ___ F.3d ___ (Jan. 15, 2010), begins: This case presents the question of whether the settlement and voluntary dismissal by a class representative of his personal claims in a putative...

"The Top 30 Blogs on Writing"

Posted on January 16, 2010
For those of us who want to improve our writing (and, among lawyers, who doesn't?), Molly DiBianca of The Delaware Employment Law Blog has compiled a list of "The Top 30 Blogs on Writing." One of the top writing blogs...

New attorneys' fees decision: Pipefitters Local No. 636 Defined Benefit Plan v. Oakley, Inc.

Posted on January 15, 2010
In Pipefitters Local No. 636 Defined Benefit Plan v. Oakley, Inc., ___ Cal.App.4th ___ (Jan. 13, 2010), the Court of Appeal (Fourth Appellate District, Division Three) held that, if the plaintiffs claim that their lawsuit was the catalyst to action...

Court of Appeal denies rehearing and modifies UCL public prosecutor opinion: Blue Cross v. Superior Court

Posted on January 14, 2010
On January 12, 2009, the Court of Appeal (Second Appellate District, Division One) issued an order modifying its opinion and denying rehearing in a UCL public prosecutor case, Blue Cross of California, Inc. v. Superior Court, ___ Cal.App.4th ___ (Dec...

Oral argument scheduled in McAdams v. Monier, Inc.

Posted on January 13, 2010
The Court of Appeal for the Third Appellate District has scheduled oral argument in the McAdams case for Monday, January 25, 2010 at 2:00 p.m. in Sacramento. McAdams v. Monier, no. C051841. McAdams is one of the three Tobacco II...

Three recent decisions of interest

Posted on January 12, 2010
The decisions below are on my "to blog" list: United Steel, Paper & Forestry, Rubber, Manufacturing Energy, Allied Industrial & Service Workers International Union, AFL-CIO, Inc. v. ConocoPhillips Co., ___ F.3d ___ (9th Cir. Jan. 6, 2010) (reversing order denying...

Petition for Review and other documents from Cohen v. DirecTV

Posted on January 11, 2010
Here are copies of some of the filings in Cohen v. DirecTV, no. S177734: Petition for Review (11/06/09; deemed filed 12/01/09) Depublication Request of Initiative Legal Group (11/23/09) Depublication Request of Khorrami Pollard & Abir LLP (12/02/09) Opposition to Depublication...

New opinion interpreting Tobacco II: Weinstat v. Dentsply International, Inc.

Posted on January 08, 2010
In Weinstat v. Dentsply International, Inc., ___ Cal.App.4th ___ (Jan. 7, 2010), the Court of Appeal (Fourth Appellate District, Division Four) reversed an order decertifying UCL and breach of warranty claims. A group of dentists sued the manufacturer of an...

New decision approves contingency-fee relationships between public prosecutors and private lawyers: Priceline.com, Inc. v. City of Anaheim

Posted on January 07, 2010
I've been closely following the County of Santa Clara case now pending at the Supreme Court, which involves whether public agencies may appropriately hire private attorneys to represent them on a contingency-fee basis. (See my public prosecutor category page for...

"Class Arbitration After Gentry"

Posted on January 06, 2010
On Tuesday, December 29, 2009, the Daily Journal had a perspective article called "Class Arbitration After Gentry" (subscription). The article, by Richard L. Kellner and Karen Liao of Kabateck Brown Kellner in Los Angeles, begins: More than two years have...

Recently received: Professional Judgment on Appeal: Bringing and Opposing Appeals

Posted on January 05, 2010
Many thanks to the folks at Carolina Academic Press for sending along a copy of the new edition of Professional Judgment on Appeal: Bringing and Opposing Appeals (2d ed. 2009) by Professor Steven Wisotsky. It looks like an interesting read....

New Ninth Circuit UCL decision: Birdsong v. Apple, Inc.

Posted on January 04, 2010
In Birdsong v. Apple, Inc., ___ F.3d ___ (9th Cir. Dec. 30, 2009), the Ninth Circuit held that the district court had correctly granted the defendant's motion to dismiss the plaintiffs' UCL "fraudulent" prong claim (as well as their breach...

Happy New Year!

Posted on December 28, 2009
A belated happy holidays and an early happy new year to all who may be watching this space! I will be taking a short break from blogging, resuming during the week of January 4th.

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