Class Action

"Choose Litigation: It's at the Center of Law, a Noble Profession"

Posted on February 15, 2008
I liked this Forum article (subscription) from last Monday's Daily Journal. Former Orange County Superior Court Judge William Scheffield is very enthusiastic about the legal profession, particularly litigation, as a calling. He also articulates an interesting perspective on the advocate's...

"Limiting Legal Scope": the economic abstention doctrine

Posted on February 14, 2008
On February 7, 2008, the Daily Journal ran a Focus article called "Limiting Legal Scope" (subscription). The article addresses, from a defense-oriented perspective, the economic abstention doctrine that has developed in the UCL case law. According to the article, The...

"The Unofficial E-Filing Manual for the U.S. District Court, Central District of California"

Posted on February 13, 2008
On Janury 30, 2008, the Daily Journal had a short article (subscription) about a document that sounds very handy for those of us practicing in the Central District of California, which just adopted mandatory e-filing rules for virtually all civil...

Federal decision on UCL "unlawful" prong: Gabana Gulf Distribution, Ltd. v. GAP Intern. Sales, Inc.

Posted on February 12, 2008
In Gabana Gulf Distribution, Ltd. v. GAP Intern. Sales, Inc., 2008 WL 111223 (N.D. Cal. Jan. 9, 2008), the Court (Judge Charles R. Breyer) held that a UCL "unlawful" prong claim may be predicated on violation of a common-law rule...

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"High Court OKs Suit Over Pink Salmon"

Posted on February 12, 2008
Today's Recorder has an article (subscription) on the Salmon decision. The Daily Journal also reports that "High Court Allows Suits Over Salmon" (subscription). Looking at the decision more closely last night, it doesn't really say anything particularly new or interesting...

New Supreme Court preemption decision: Farm Raised Salmon Cases

Posted on February 11, 2008
As I reported last Friday, the Supreme Court is due to post its opinion in Farm Raised Salmon Cases, no. S147171, by this morning at 10:00 a.m. When the decision is up, it will be accessible at this link: Farm...

"Bloggers at their computers are Supermen in flight"

Posted on February 09, 2008
From a February 14th article in the New York Times Review of Books: Bloggers at their computers are Supermen in flight. They break the rules. They go into their virtual phone booths, put on their costumes, bring down their personal...

BREAKING NEWS: Supreme Court to issue opinion Monday in UCL preemption case: Farm Raised Salmon Cases

Posted on February 08, 2008
Today, the Supreme Court announced that it will be issuing its opinion Monday morning in an important preemption case, Farm Raised Salmon Cases, no. S147171. This case raises the following issue: "Does the Federal Food, Drug, and Cosmetic Act (21...

"Law Blogging for Fun and Profit: Building Your Audience, Building Your Practice"

Posted on February 08, 2008
On Tuesday, February 21, 2008 at 9:00-11:30 a.m. Pacific, I will speak at a webinar sponsored by West Legalworks called "Law Blogging for Fun and Profit: Building Your Audience, Building Your Practice." My co-speakers are the authors of two leading...

Recent federal UCL "safe harbor" decision: Williams v. Washington Mutual Bank

Posted on February 07, 2008
In Williams v. Washington Mutual Bank, 2008 WL 115097 (E.D. Cal. Jan. 11, 2008), the court (Judge William B. Schubb) had this to say about the Cel-Tech "safe harbor": California's UCL restricts "any unlawful, unfair, or fraudulent business act or...

A collection of recent articles on CAFA

Posted on February 06, 2008
On November 30 and December 1, 2007, the University of Pennslyvania Law Review conducted a symposium entitled "Fairness to Whom? Perspectives on the Class Action Fairness Act of 2005." The papers presented at the symposium will appear in a forthcoming...

U.S. Supreme Court takes up UDAP statute preemption case: Altria Group v. Good

Posted on February 05, 2008
On January 18, 2008, the U.S. Supreme Court granted cert. in Altria Group v. Good, no. 07-562. In that case, the Court will address whether the Federal Cigarette Labeling and Advertising Act ("FCLAA") (15 U.S.C. §§1331 et seq.) preempts a...

Another new class member discovery decision: CashCall, Inc. v. Superior Court

Posted on February 04, 2008
In CashCall, Inc. v. Superior Court, ___ Cal.App.4th ___ (Jan. 24, 2008), the Court of Appeal (Fourth Appellate District, Division One) handed down another significant discovery-related opinion, holding that the trial court appropriately permitted "precertification discovery in a class action...

"Changing the Online Legal Landscape"

Posted on February 02, 2008
In an article dated January 23, 2008 on Law.com, Robert Ambrogi highlighted his "five most notable legal sites of 2007." They are: Avvo; Public.Resource.Org; AltLaw; ABA Journal; and Justia (aka Blawg Search).[Via Avvoblog.]

Statement of issues on review in Reid v. Google

Posted on February 01, 2008
The Supreme Court's statement of issues on review in Reid v. Google, no. S158965, is up. It looks like the UCL restitution issue will not be a major focus of the case: Petition for review after the Court of Appeal...

Supreme Court grants review in UCL "vested interest" restitution case: Reid v. Google

Posted on January 31, 2008
Yesterday, the Supreme Court granted review in Reid v. Google, no. S158965. In that case, the Court of Appeal held (among other things) that the UCL did not permit the plaintiff to recover his unvested stock options as "restitution" in...

New UCL public prosecutor decision: People ex rel. Gallegos v. Pacific Lumber Company

Posted on January 30, 2008
The Court's opinion in People ex rel. Gallegos v. Pacific Lumber Company, ___ Cal.App.4th ___ (Jan. 10, 2008) (First Appellate District, Division Three) contains a very interesting discussion of the interplay between the UCL and the litigation privilege of Civil...

New UCL/CLRA "preclusion" decision: Wells Fargo Bank v. Superior Court

Posted on January 29, 2008
In Wells Fargo Bank v. Superior Court, ___ Cal.App.4th ___ (Jan. 25, 2008), the Court of Appeal (First Appellate District, Division One) held that "the Securities Litigation Uniform Standards Act of 1998 (Pub.L. No. 105?353 (Nov. 3, 1998) 112 Stat....

New class member discovery decision: Puerto v. Superior Court (Wild Oats Markets, Inc.)

Posted on January 28, 2008
In Puerto v. Superior Court (Wild Oats Markets, Inc.), ___ Cal.App.4th ___ (Jan. 15, 2008), the Court of Appeal (Second Appellate District, Division Seven) held that the trial court abused its discretion by requiring an "opt-in" procedure before witness contact...

"Federal judge nominated to state appeals court"

Posted on January 26, 2008
Today's San Francisco Chronicle reports that U.S. District Judge Martin Jenkins has been nominated to serve on the First District Court of Appeal based in San Francisco, replacing Justice Joanne Parrilli, who recently retired. Bob Egelko, "Federal judge nominated to...

March 5, 2008 MCLE: "Class Action Hurdles From The Plaintiff?s Perspective"

Posted on January 24, 2008
On March 5, 2008, Consumer Attorneys of California College of Trial Arts, the San Francisco Trial Lawyers Association, and the Bar Association of San Francisco will jointly present their 2nd Annual Class Action Seminar: Class Action Hurdles From the Plaintiff's...

Two Supreme Court opinions to be handed down tomorrow

Posted on January 23, 2008
The Supreme Court just announced that it will hand down two new opinions tomorrow at 10:00 a.m. While they are not strictly related to the UCL, they do sound very interesting, especially the second one, which addresses attorneys' fees under...

New York decision on rights of absent class members: Wyly v. Milberg Weiss Bershad & Schulman LLP

Posted on January 22, 2008
In Wyly v. Milberg Weiss Bershad & Schulman LLP, ___ N.Y.S.2d ___, 2007 NY Slip. Op. 10506 (Dec. 27, 2007), the New York Supreme Court, Appellate Division (First Department) addressed the relationship between absent class members and class counsel. In...

"Blogging Lessons Learned"

Posted on January 19, 2008
On January 10, 2008, The National Law Journal had an article, "Blogging Lessons Learned," by Mark Herrmann, one of the two authors of Drug and Device Law. An excerpt: Finally, the spoils: Blogging pays off. It pays off in part...

Oral argument report: County of Santa Clara v. Superior Court (ARCO)

Posted on January 18, 2008
Yesterday, in County of Santa Clara v. Superior Court (ARCO), the Court of Appeal for the Sixth Appellate District heard oral argument on whether public entities may hire private attorneys to represent them on a contingency-fee basis. The panel consisted...

Yesterday's oral argument: County of Santa Clara v. Superior Court (ARCO)

Posted on January 18, 2008
I attended yesterday's argument in County of Santa Clara v. Superior Court (ARCO) and will put up my report later today. For now, suffice it to say that the presentations were excellent and that the justices' comments suggest that they...

Oral argument preview: County of Santa Clara v. Superior Court (ARCO)

Posted on January 17, 2008
This morning at 9:30, the Court of Appeal for the Sixth Appellate District will hear oral argument in County of Santa Clara v. Superior Court (ARCO), no. H031540. In this case, the issue is whether a public prosecutor may hire...

A new firm for the new year!

Posted on January 11, 2008
After six years with The Furth Firm LLP, I have decided to explore new opportunities! I have joined another San Francisco plaintiffs' class action firm, Schubert & Reed LLP, as a partner. I'm very excited about this opportunity and am...

Supreme Court expresses potential interest in UCL "injury in fact" case: Buckland v. Threshold Enterprises, Ltd.

Posted on January 11, 2008
On January 3, 2008, the Supreme Court granted itself an extension of time, through February 1, 2008, to grant or deny review in Buckland v. Threshold Enterprises, Ltd., no. S157919. In Buckland, the Court of Appeal (Second Appellate District, Division...

New UCL "injury in fact" decision: Hall v. Time Inc.

Posted on January 10, 2008
In Hall v. Time Inc., ___ Cal.App.4th ___ (Jan. 8, 2007 2008), the Court of Appeal (Fourth Appellate District, Division Three) construed Prop. 64's "injury in fact" language and held that "causation" must also be pleaded to meet Prop. 64's...

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