Class Action

"Private AGs Watching Fate of Expert Fees"

Posted on January 09, 2008
Yesterday's Recorder had an article on a case to be argued today in the California Supreme Court addressing whether expert witness fees, in addition to attorneys' fees, are recoverable under the private attorney general doctrine of Code of Civil Procedure...

UCL decision from last May: Overstock.com, Inc. v. Gradient Analytics, Inc.

Posted on January 08, 2008
Somehow I missed the Court of Appeal's opinion in Overstock.com, Inc. v. Gradient Analytics, Inc., 151 Cal.App.4th 688 (2007), which the First Appellate District, Division Four handed down on May 30, 2007. Overstock.com was decided in the context of an...

Op-Ed by Chief Justice George: "Reform death penalty appeals"

Posted on January 07, 2008
Chief Justice Ronald M. George has an op-ed piece in today's Los Angeles Times, "Reform death penalty appeals." Of interest to those of us who practice in the civil arena: California's Supreme Court issues 110 to 115 opinions annually, almost...

ALI's "Principles of the Law of Aggregate Litigation"

Posted on January 07, 2008
The American Law Institute, which publishes the various Restatements, is now working on a project called "Principles of the Law of Aggregate Litigation." Here is the project's statement of purpose: Purpose: This project aims to supply up-to-date coherence to the...

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Law blogs acknowledged in The Nine by Jeffrey Toobin

Posted on January 05, 2008
For Christmas this year I received two (!) copies of The Nine: Inside the Secret World of the Supreme Court by Jeffrey Toobin, one from my dad and one from a good friend. On page 342, introducing the notes, Toobin...

Supreme Court now accepts electronic service copies of Court of Appeal briefs!

Posted on January 04, 2008
A few interesting amendments to the Rules of Court went into effect on January 1, 2008. For example, Rule of Court 8.212(c)(2) used to require that four paper copies of all briefs filed with the Court of Appeal be served...

Settlement in Apple v. bloggers case

Posted on January 03, 2008
On December 21, 2007, the Recorder reported on a settlement in the Apple v. bloggers case (O'Grady v. Superior Court): "Apple Deal Kills Blog That Leaked Product Information." According to the article, one of the bloggers agreed to shut down...

New class certification decision: Bell v. Superior Court (H.F. Cox, Inc.)

Posted on January 02, 2008
In Bell v. Superior Court (H.F. Cox, Inc.), ___ Cal.App.4th ___ (Nov. 21, 2007; pub. ord. Dec. 20, 2007), the Court of Appeal affirmed in part and reversed in part the trial court's order denying certification of certain Labor Code...

Happy Holidays!

Posted on December 21, 2007
The blog will be on hiatus until after the first of the year. Please continue to email me (uclpractitioner@gmail.com) with news, cases, questions, thoughts, etc. Best wishes to everyone for a happy holiday season and a prosperous 2008!

Review and depublication denied: Shersher v. Superior Court

Posted on December 20, 2007
Yesterday, the Supreme Court denied review and depublication of the Court of Appeal's opinion in Shersher v. Superior Court (Microsoft Corp.), 154 Cal.App.4th 1491 (2007). For more on this case, see this blog post. The Supreme Court's docket is here:...

Recent unpublished class action settlement/objector opinion: Vroegh v. Eastman Kodak Co.

Posted on December 19, 2007
In an unpublished opinion, Vroegh v. Eastman Kodak Co., 2007 WL 4217144 (Nov. 30, 2007), the Court of Appeal (First Appellate District, Division Five) affirmed the trial court's order approving a class action settlement, including an attorneys' fees award, and...

"Three Evolving Facets of UCL Restitution"

Posted on December 18, 2007
My latest article, which appears in the December November 2007 issue of CAOC Forum, is called "Three Evolving Facets of UCL Restitution." The three facets of restitution that the article discusses are "money taken" restitution; "vested interest" restitution; and restitutionary...

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