The UCL Practitioner is authored by Kimberly A. Krawlowec, a class action attorney in San Francisco. It is the first and only weblog on California’s Unfair Competition Law and California class actions.
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In Clemens v. DaimlerChrysler Corp., ___ F.3d ___, 2008 WL 2840662 (9th Cir. July 24, 2008), the Ninth Circuit addressed the UCL's "fraudulent" prong: Generally, to be actionable under the UCL, a concealed fact must be material in the sense...In Clemens v. DaimlerChrysler Corp., ___ F.3d ___, 2008...
Extension of time and more briefs in County of Santa Clara v. Superior Court (Atlantic Richfield Co.)
Last week, the Supreme Court gave itself an extension of time, through August 15, 2008, to grant or deny review in County of Santa Clara v. Superior Court (Atlantic Richfield Co.), no. S163681. This is the case that addresses whether...Last week, the Supreme Court gave itself an extension of time,...
The Supreme Court's docket in Rose v. Bank of America, no. S199074, has been updated to include a statement of the issue on review: Can a cause of action under the Unfair Competition Law (Bus. & Prof. Code, § 17200...The Supreme Court's docket in Rose v. Bank of America, no. S199074, has been...
Today, the California Supreme Court granted review in Sanchez v. Valencia Holding Co., no. S199119. This is the case in which the Court of Appeal declined to enforce a no-class-action arbitration clause notwithstanding Concepcion. Sanchez v. Valencia Holding Co., LLC,...Today, the California...
Thanks to the blog reader who pointed out that on Friday, the Ninth Circuit handed down another opnion interpreting Concepcion. In Coneff v. AT&T Corp., ___ F.3d ___ (9th Cir. Mar. 16, 2012), the Ninth Circuit held that Concepcion preempted...Thanks to the blog reader who pointed out that on...
On Wednesday, March 21, 2012 from 12:00 to 1:30 p.m., the ADR and Antitrust and Business Regulation Sections of the Bar Association of San Francisco will present "AT&T Mobility v. Concepcion: A Year Later." The panel will feature Donald M....On Wednesday, March 21, 2012 from 12:00 to 1:30 p.m., the...
New opinions interpreting Concepcion: Robinson v. Title Lenders, Brewer v. Missouri Title Loans, and Kilgore v. KeyBank
Last week, three noteworthy new opinions were handed down interpreting AT&T Mobility LLC v. Concepcion, 563 U.S. __, 131 S.Ct. 1740 (2011). Two of the opinions hail from Missouri. In Robinson v. Title Lenders, Inc., ___ S.W.3d ___ (Mo. Mar....Last week, three noteworthy new opinions were handed...
Yesterday, the Supreme Court granted review in Rose v. Bank of America, no. S199074. In that case, the Court of Appeal held that a UCL "unlawful" prong claim could not be predicated on alleged violations of the federal Truth in...Yesterday, the Supreme Court granted review in Rose v. Bank of...
It's not too late to register and attend the Rutter Group's annual 17200 program, at which I am speaking tonight along with Will Stern and Justice Victoria Chaney of the Second District Court of Appeal. This year, the program is...It's not too late to register and attend the Rutter Group's annual...
In McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc., ___ F.3d ___ (7th Cir. Feb. 24, 2012), the Seventh Circuit (Judge Posner) reversed an order denying class certification of Title VII race discrimination claims under Rules 23(b)(2) and (c)(4)....In McReynolds v. Merrill Lynch, Pierce,...