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Class Action

The UCL Practitioner The UCL Practitioner

On California's Unfair Competition Law (Bus. & Prof. Code §§17200 et seq.) and California Class Actions.
By Kimberly A. Kralowec, Esq.

Post Frequency: 6.1/day

Last Entry: March 29, 2011 at 09:00:00

Recent Entries: 612

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Oral argument reports: Arias and Amalgamated

Posted on April 12, 2009
Many thanks to attorney Kelly Chen for attending the Arias and Amalgamated arguments last week and for providing very detailed reports. Read Kelly's reports after the jump. By Kelly Chen: This morning the California Supreme Court heard oral argument in...


Report on Amalgamated and Arias arguments coming soon

Posted on April 10, 2009
I have received a report on the Amalgamated and Arias arguments as promised from attorney Kelly Chen, and a second surprise report from another blog reader. I will be getting these up as soon as I can, probably over the...


"State Justices Appear to Lean Toward BofA in Giant Class Action"

Posted on April 08, 2009
The Daily Journal has an article this morning on yesterday's argument in Miller v. Bank of America. The article begins: While hearing a giant class action lawsuit against Bank of America Corp. over how it charges bank fees, several California...


Today, tomorrow and the next several weeks

Posted on April 07, 2009
This morning, the Supreme Court is hearing oral argument in Los Angeles in Miller v. Bank of America. Right now I'm not expecting to receive a report on that argument. Tomorrow, the Supreme Court is hearing oral argument in the...


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U.S. Supreme Court to review attorney fee multipliers: Perdue v. Kenny A.

Posted on April 07, 2009
Well, I'm already interrupting my supposed hiatus. Yesterday, the U.S. Supreme court granted cert. in a case involving whether an attorney fee multiplier of 1.75 was appropriately awarded to counsel for the prevailing party in a civil rights action. Perdue...


Broken links to Supreme Court's website

Posted on April 03, 2009
The Supreme Court's appellate case information page was down for server maintenance on Tuesday, March 31 (a court holiday in observation of Cesar Chavez Day). Apparently, some sort of alteration was made that changed the links to all of the...


"A Billion Hangs in the Balance"

Posted on April 03, 2009
Today's Recorder has this article (subscription) on Miller v. Bank of America, no. S149178, which is scheduled for oral argument on Tuesday. Miller involves, among other things, a UCL "unlawful" prong claim.


Supreme Court denies rehearing in Meyer v. Sprint Spectrum

Posted on April 02, 2009
Yesterday, the Supreme Court denied the petition for rehearing in Meyer v. Sprint Spectrum, no. S153846.


Oral argument report: Dukes v. Wal-Mart, Inc.

Posted on March 25, 2009
Yesterday afternoon, an eleven-judge en banc Ninth Circuit panel heard oral argument in Dukes v. Wal-Mart, Inc., nos. 04-16688 & 04-16720. Theodore Boutrous of Gibson Dunn & Crutcher argued for Wal-Mart. Brad Seligman of the Impact Fund represented the certified...


Oral argument preview: Dukes v. Wal-Mart, Inc.

Posted on March 24, 2009
This afternoon at 2:00 p.m. in San Francisco, an eleven-judge en banc panel of the Ninth Circuit will hear oral argument on rehearing in Dukes v. Wal-Mart, Inc. (see this blog post for more). In 2007, a three-judge panel (with...


A little bit of live-blogging: Dukes v. Wal-Mart

Posted on March 24, 2009
I'm now in the courtroom. I've got my mobile device. Unlike the Cal. Supreme Court, the Ninth Circuit allows electronic devices in the courtroom, at least for now, before the argument has begun. Seligman and Boutros are both here. The...


"Wal-Mart En Banc Session Packs House"

Posted on March 24, 2009
The Recorder already has this article, dated tomorrow, on this afternoon's argument in Dukes v. Wal-Mart. The piece begins: A feisty Ninth Circuit U.S. Court of Appeals peppered lawyers for Wal-Mart and a gigantic class suing over gender discrimination, with...


Another "no class action" arbitration clause struck down: Sanchez v. Western Pizza Enterprises, Inc.

Posted on March 23, 2009
A week after Franco (see this blog post), the Court of Appeal handed down another opinion invalidating a "no class action" arbitration clause. Sanchez v. Western Pizza Enterprises, Inc., ___ Cal.App.4th ___ (Mar. 17, 2009) (Second Appellate Distict, Division Three)...


"Wal-Mart Cuts Class Off at the Pass in Pet Food Case"

Posted on March 20, 2009
This article from Wednesday's Recorder provides an example of a federal case in which the court granted a defense motion to preemptively deny class certification. In Picus v. Wal-Mart Stores, Inc., No. 2:07-CV-00682 (order filed 03/16/09), a district judge in...


EEOC files amicus brief supporting class certification in Dukes v. Wal-Mart

Posted on March 20, 2009
Today's Recorder reports that yesterday, the EEOC filed an amicus brief supporting class certification in Dukes v. Wal-Mart. The case is still scheduled for argument before the Ninth Circuit en banc panel next Tuesday, March 24.


New UCL restitution opinion: Grodensky v. Artichoke Joe's Casino

Posted on March 19, 2009
In Grodensky v. Artichoke Joe's Casino, ___ Cap.App.4th ___ (Mar. 11, 2009), the Court of Appeal (First Appellate District, Division Two) held that employees may recover as UCL "restitution" tips that their employer unlawfully took from them, even though the...


Court of Appeal reissues its opinion in Troyk v. Farmers Group, Inc.

Posted on March 18, 2009
In December 2008, the Court of Appeal (Fourth Appellate District, Division One) handed down its original opinion in Troyk v. Farmers Group, Inc., 168 Cal.App.4th 1337 (2008) (see this blog post). Then, in January 2009, the court granted rehearing pursuant...


Fourth annual Bay Area law bloggers gathering tonight

Posted on March 18, 2009
Tonight is the fourth annual gathering of Bay Area law bloggers organized by the High Tech Institute at Santa Clara University School of Law and Professor Eric Goldman. I'll be attending and am looking forward to it. All lawyer-bloggers are...


Another "no-class-action" arbitration clause bites the dust: Franco v. Athens Disposal Co.

Posted on March 17, 2009
In Franco v. Athens Disposal Co., ___ Cal.App.4th ___ (Mar. 10, 2009), the Court of Appeal (Second Appellate District, Division One) applied Gentry in a case for meal period and rest break violations: [T]he primary issue on appeal is whether...


Ninth Circuit sets Dukes v. Wal-Mart for en banc argument on March 24

Posted on March 16, 2009
As I reported in February (see these two posts), the Ninth Circuit granted en banc rehearing to revisit the 2-1 panel decision in Dukes v. Wal-Mart, Inc., 509 F.3d 1168 (9th Cir. 2007). Pursuant to paragraph (3) of the Circuit...


More Supreme Court oral arguments set: Miller, Amalgamated, and Arias

Posted on March 12, 2009
This morning, the Supreme Court set the cases listed below for argument on April 7 and 8, 2009 in Los Angeles. I will be seeking roving reporters to cover these arguments and provide reports, so please email me (uclpractitioner@gmail.com) if...


Delayed discovery rule applies to UCL "fraudulent" prong claims: Broberg v. The Guardian Life Ins. Co.

Posted on March 09, 2009
In Broberg v. The Guardian Life Ins. Co., ___ Cal.App.4th ___ (Mar. 2, 2009), the Court of Appeal (Second Appellate District, Division Seven) held that the delayed discovery rule applies to UCL claims, or at least those based on violation...










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