Tag Archives: UCL

No Need To Try the Individual Claim After Class Cert Denial – Ninth Circuit Asserts Jurisdiction over Voluntary Stipulated Dismissal and Upholds Denial of Class Certification

The Ninth Circuit recently affirmed the United States District Court for the Central District of California’s denial of class certification of a Plaintiff’s California consumer law claims based primarily based on the predominance of individualized issues. Case No. 11-55592 (9th Cir. Feb. 3, 2014). Notably, the Ninth Circuit also determined that it had jurisdiction to … Continue Reading

Blood Bank Data Breach Class Action Settlement Preliminarily Approved by California District Court Judge

In Johansson-Dohrmann v. CBR Systems, Inc. et al, No. 3:12-cv-01115 (S.D. Cal., filed May 7, 2012), the latest data privacy class action to reach settlement, Judge Michael M. Anello on February 5, 2013 granted preliminary approval of a proposed class settlement in a federal class action suit brought by a client of a blood bank … Continue Reading

Class Certification Denied In Recent Consumer Products False Advertising Cases

In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products.  These decisions could prove helpful in opposing class certification in other false advertising cases.  Significantly, the courts in both Chow and In re Celexa & Lexapro read exposure/causation … Continue Reading

Class Cannot Be Certified in Facebook Advertiser “Click” Litigation Because Alleged Contract Does Not Exist

Fraud class actions have become increasingly difficult to certify over the years as courts routinely have held that individualized issues of reliance swamp any common issues. Plaintiffs’ attorneys thus have been keen to attempt to transform fraud claims into breach of contract claims and claims under consumer protection statutes.  That approach failed miserably for plaintiffs in In re Facebook, Inc. PPC Advertising … Continue Reading

Uncertainty Persists Regarding Insurance Companies’ Exemption from Liability Under California’s Unfair Competition Law

The issue of whether insurance companies enjoy any special exemption from California’s Unfair Competition Law (UCL) liability has been a hotly litigated topic since the California Supreme Court’s 1988 decision in Moradi-Shalal v. Fireman’s Fund Ins. Cos. 46 Cal.3d 287 (1988), and has been currently pending before the same court since it accepted review of … Continue Reading

Eighth Circuit Denies Certification of UCL Claim

The Eighth Circuit’s 2010 decision in Avritt v. Reliastar Life Insurance Co., 615 F.3d 1023 (8th Cir. 2010) denied class certification for, among other claims, a California Unfair Competition Law claim where class members could not prove through uniform evidence that the defendants engaged in misconduct.  Two subsequent California federal cases have, however, not been … Continue Reading
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