Ninth Circuit Holds That State AGs and Prosecutors Can’t Seek Restitution On Behalf of a Class That Already Settled Its Private Claims, but Can Seek Injunctive Relief and Penalties
A decade ago, California’s unfair competition law (UCL) and its closely related false advertising law (FAL) were the ideal plaintiff’s tools.
In recent years, we’ve noticed a new maneuver that class-action defense counsel have increasingly added to their playbooks: The Pick Off. This is how the play is run: Offer the named plaintiff(s) full relief through a Rule 68 offer of judgment and, even if the plaintiff(s) reject the offer, argue that the fact that they were offered full relief nevertheless moots the case and requires dismissal.
New California Appellate Decision Makes Class Certification More Difficult for Unauthorized Customer Call Recording Claims Under California Penal Code Section 632
Plaintiffs’ attorneys have increasingly filed consumer class actions in California seeking to apply the state’s privacy laws to routine communications between businesses and their customers.
If you are loathe to engage in class arbitration, as most employers are, then a recent California appeals court decision, Garden Fresh Restaurant Corp. v. Moreno, will come as good news.
Over the past few years, a number of plaintiffs’ lawyers have attempted—with some success—to circumvent the “mass action” provisions in the Class Action Fairness Act of 2005 (“CAFA”), which allow defendants to remove to federal court certain cases raising “claims of 100 or more persons that are proposed to be tried jointly.”
The Ninth Circuit Holds That Res Judicata Bars State Recovery of Restitution for Members of a CAFA-Compliant Class Action
In California v. Intelligender, LLC, the Ninth Circuit ruled that final judgment in a CAFA-compliant class settlement barred the State of California from seeking restitution on behalf of members of the settlement class for losses caused by Intelligender’s allegedly false advertising of its gender predictive test. The Ninth Circuit rejected Intelligender’s efforts to block other remedies sought by the State.
For a long time, I have had a very specific law review article I’ve wanted to write, but with my many other commitments, it has never come to fruition.
During a May 2014 trip to London, I had the pleasure of meeting with various attorneys who do work with institutional investors such as pension funds.