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25 Jan, 2007 10:13 am
The decision is up: Pioneer Electronics (USA), Inc. v. Superior Court, ___ Cal.4th ___
(Jan. 25, 2007). I haven't finished reading the entire opinion, but it is unanimous, and the introduction reads, in relevant part: The Court of Appeal ruled that trial courts in such
cases must assure not only that all prospective or potential class members receive actual notice of their right to grant or withhold consent to the release of their personal identifying
information, but ...
15 Apr, 2007 8:43 am
... consumer cases, not employment actions. The court denied the writ petition. Applying Pioneer Electronics (USA), Inc. v. Superior Court 40 Cal.4th 360 ... might obtain relief for the defective DVD players (Pioneer, supra, 40 Cal.4th at pp. 371-372), so can current and former Belaire-West ... former employer is more likely to command a recipient's attention than
a mailing from an electronics manufacturer, and it is doubtful that it would be mistaken for advertising or junk mail. The balance of opposing
...
6 Mar, 2007 6:00 am
... this blog, as well as two others we read regularly. The California Supreme Court's decision in Pioneer Electronics (USA) Inc. v. Superior Court (Olmstead), 2007 DJDAR 1187 (Jan. 25, 2007), holding that California's ... to cases in which the class
counsel is, as the defense likes to call it, "fishing for a representative." While that is almost certainly true, Pioneer Electronics was not about fishing for reps, but was, instead, about giving both sides equal access to witnesses and information. It ...
25 Jan, 2007 10:36 am
This morning, the California Supreme Court handed down its long-awaited decision in the review of Pioneer Electronics (USA), Inc. v. Superior Court (2005) 128 Cal.App.4th 246. Pioneer Electronics dealt with the ... one's personal finances or other financial information, but merely called for disclosure of contact information already
voluntarily disclosed to Pioneer." The Supreme Court also reaffirmed long-standing precedent holding that contact information regarding the
identity of potential class ...
28 May, 2008 2:01 pm
... reader asked if there were any recent federal court decisions applying Pioneer Electronics
(USA), Inc. v. Superior Court (2007) 40 Cal.4th 360, to ... unpublished District Court decisions that we've seen: Salazar v. Avis Budget Group, Inc. (S.D. Cal.
2007) 2007 WL 2990281 (defendant ordered to disclose class members ... concern for class members' privacy rights was "actually driven more by [the employer's own] self-interest."
Pioneer Electronics was also cited with favor in in Bible v. Rio Props., Inc. ...
5 Dec, 2006 6:00 am
Today, the California Supreme Court will hear oral argument in Pioneer Electronics v. Superior Court,
no. S133794, which involves pre-certification communications with putative class members. I am planning to attend ... for such release be by the consumer's positive act, rather than by
mere failure to respond." Pioneer Electronics (USA), Inc. v. Superior Court (Olmstead),
128 Cal.App.4th 246, 249 (2005) (Second Appellate District, Division Four). The amicus brief linked to above refers to this as ...
24 Jan, 2007 1:27 pm
The Supreme Court just posted its Notice of Forthcoming Filing for tomorrow, which says that it will be issuing its decision in Pioneer
Electronics, Inc. v. Superior Court, no. S133794. This is the case involving pre-certification communications with putative class
members. My lengthy ... argument is here. A follow-up post with another take on the argument is here. The Court of Appeal's opinion is Pioneer
Electronics (USA), Inc. v. Superior Court (Olmstead), 128 Cal.App.4th 246, 249 (2005) (Second ...
8 Nov, 2006 9:00 am
The Supreme Court just announced that it will hear oral argument in the class member communication case, Pioneer Electronics v. Superior Court, no. S133794, on December 5, 2006 at 9:00 a.m. The argument will be ... Building in Los Angeles. If anyone plans to attend the
argument and would like to provide a report to be posted here, please let me know. The Court of Appeal opinion in this case is Pioneer
Electronics (USA), Inc. v. Superior Court (Olmstead), 128 Cal.App.4th 246 (2005) (Second Appellate ...
19 Sep, 2008 6:19 am
... (August 14, 2008) in this post, I commented that it furthered the trend of Belaire-West Landscape, Inc. v. Superior Court, 149 Cal.App.4th 554 (2007) and Puerto ...
substantial right to basic discovery of information about putative class members. In Lee, et al. v. Dynamex, Inc., et al., the Court of Appeal tied all of the threads eminating
from ... s discovery ruling directly conflicts with the Supreme Court's subsequent decision in Pioneer Electronics (USA), Inc. v. Superior Court (2007) 40 Cal.4th 360 ...
25 May, 2007 6:00 am
... , yet at the same time is so narrow that it makes no difference in existing privacy law. Pioneer Electronics USA Inc. v. Superior Court, 40 Cal.4th 360 (Jan. 25, 2007). In a similar fashion, the same voices quickly downplayed Sav-On Drug
Stores Inc v. Superior Court, 34 Cal.4th 319 (2004), as an inconsequential opinion offering little help to class plaintiffs. When viewed dispassionately, however, Pioneer greatly aids plaintiffs in class actions, because it improves counsel's access to ...
17 Nov 1:03 pm
On November 13, 2009, Pioneer Corporation of Japan and Pioneer Electronics (USA) Inc. of Long Beach, California (collectively "Pioneer") filed a complaint requesting
that the ITC commence an investigation pursuant to Section ... on "an extensive in-house licensing capability that implements all necessary licensing functions for its intellectual
property portfolio." Pioneer further asserts that it "employs licensing professionals in Japan and the United States to work on projects
involving Pioneer's ...
11 Jun, 2007 6:00 am
On Thursday, the Daily Journal had another article, "Pioneering Intrusion" (subscription), on Pioneer Electronics (USA) Inc. v. Superior Court, 40 Cal.4th 360 (2007). In the article, attorney Gordon E. Bosserman argues that "Belaire-West
Landscape Inc. v. Superior Court, 2007 DJDAR 4611 (April 9, 2007), [in which] the 2nd District Court of Appeal applied the holding in Pioneer to employee contact information for a class action regarding wage-and-hour violations ... is an ...
28 Jan, 2008 6:00 am
In Puerto v. Superior Court (Wild Oats Markets, Inc.), ___ Cal.App.4th ___ (Jan. 15, 2008), the Court of Appeal (Second Appellate District, ... ). Two other points in the opinion
are worth mentioning. First, the Court distinguished Pioneer Electronics (USA), Inc. v.
Superior Court, 40 Cal.4th 360 (2007) ... witnesses may not choose to decline to participate in a case: [T]he discovery in Pioneer was
precertification discovery designed to identify members of the class rather than to locate percipient ...
15 Aug, 2008 1:19 am
In Pioneer Electronics (USA), Inc. v. Superior Court (Olmstead), 40 Cal.4th 360 (2007),
the California Supreme Court confirmed the right of plaintiffs to discover the identity and contact information of putative class members. Soon thereafter, Pioneer's anlaysis was extended into the wage & hour setting in Belaire-West Landscape, ... . 8.) The Court of Appeal, in analyzing the Petition, applied
the balancing test set forth in Pioneer and Hill v. National Collegiate Athletic Assn., 7 Cal.4th 1 ...
25 Nov 2:40 pm
... .; Kenwood Corp.; and Kenwood USA Corp. However, all of the Respondents other than Pioneer Corp. and Pioneer Electronics (USA) Inc. (collectively, "Pioneer")
were terminated from the investigation before the issuance of the ID as a result of settlement agreements ... our November 4 post for more details. On October 5, 2009, Honeywell filed a
petition for review of the ID and Pioneer filed a contingent petition for review of the ID. On October 13, 2009, Honeywell and Pioneer filed responses to each ...
4 Nov 3:10 pm
... Corp.; and Kenwood USA Corp. However, all of the Respondents other than Pioneer Corp. and Pioneer Electronics (USA) Inc. (collectively, "Pioneer")
were terminated from the investigation before the issuance of the ID as a result of settlement ... not infringe any of the four asserted patents, either directly or indirectly.
According to the ID, for the '132 patent, Pioneer's source code was central to the infringement analysis. While the details of the analysis are
redacted from the public version of ...
21 Apr, 2008 4:00 pm
... named plaintiffs who were not members of the class they purported to represent" (our emphasis). In CashCall, Inc. v. Superior Court (2008) 159 Cal.App.4th 273, the Fourth
District Court ... Plan v. Superior Court, supra, 34 Cal. App. 3d at p. 799; Pioneer Electronics
(USA), Inc. v. Superior Court, supra, 40 Cal.4th at p. 373.) ... test, did not abuse its discretion. You can download the full text of CashCall, Inc. v. Superior
Court here in pdf or word format. A petition for review and application for ...
30 Sep, 2008 12:08 pm
... . Superior Court (2007) 40 Cal.4th 360 (Pioneer), as well as our decisions in Belaire-West Landscape, Inc. v. Superior Court (2007)
149 Cal. ... given the right to "opt-in" to the request, relying on the then-recent appellate opinion in Pioneer Electronics (USA) Inc. v. Superior Court (Mar. 30, 2005, B174826), which ... ] claims or the adequacy of his representation as the sole named
plaintiff." Lee, at 10. Relying on Pioneer, Belaire-West and Puerto, the appellate court held that the trial court erred ...
9 May, 2007 6:00 am
... on the decision. An excerpt: Based on the rapid appearance of conflicting analyses, the Supreme Court decision in Pioneer Electronics (USA) Inc. v. Superior Court (Olmstead), 40 Cal.4th 360 (2007), likely will have ... ), Jan. 25, 2007. The articles by Bosserman and
Katz, in particular, suggest, in their attempts to downplay the significance of Pioneer Electronics,
that the defense bar is rightly concerned about the long-term consequences of this decision on class defendants. .... Defense-oriented ...
12 Jun, 2007 6:09 am
... involved." Id., at 199. We have previously reported on the recent opinion by the California Supreme Court in Pioneer Electronics (USA), Inc. v. Superior Court, 40 Cal.4th 360 (Cal. 2007) - that summary, ... class members is that they sought employment with the
defendant. Nonetheless, the appellate court found that to be sufficient. The court interpreted Pioneer as holding that "disclosure of the
consumers' identifying information with an opt-out notice was not a serious invasion of privacy," Belaire- ...
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