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... !), the Court of Appeal examined Prop. 64's "injury in fact" language in depth. Meyer v. Sprint Spectrum, L.P., ___ Cal.App.4th ___ (May 16, 2007). The Meyer plaintiffs alleged that "Sprint improperly included certain illegal and unconscionable terms in its customer service agreement. Plaintiffs did not allege Sprint had asserted or threatened to assert those terms against them." Slip op. at 2. The Court of Appeal (Fourth Appellate District, Division Three) held that ...

On Wednesday, the Supreme Court granted review in Meyer v. Sprint Spectrum L.P. (2007) 150 Cal.App.4th 1136, in which the Fourth District Court of Appeal held that Proposition 64 created a two-part, standing test, and applied that test to bar claims ... in handbooks that have not been enforced, and no arising from PAGA notices. We're following the case, however, for that reason and because we think someone should sue the pants off of Sprint, too.

Yesterday, the Supreme Court granted review in Meyer v. Sprint Spectrum, no. S153846. In that case, the Court of Appeal (Fourth Appellate District, Division Three) said that Prop. 64 created a "two- ... provisions in their cellular telephone contracts because the defendant had not enforced or threatened to enforce the provisions against them. The Court also held that the plaintiffs' CLRA claim failed. Meyer v. Sprint Spectrum L.P., 150 Cal.App.4th 1136 (2007). My original post on the Meyer decision ...

... oral argument for Wednesday, December 3, 2008, at 9:00 a.m., in Los Angeles, in Meyer v. Sprint Spectrum L.P. (2007) 150 Cal.App.4th 1136 (Supreme Court No. S153846). In Meyer, the Fourth District Court of Appeal held that Proposition 64 created a two-part, standing test, and ... the scenario is not that unusual. We're following the case, therefore, for that reason and because we just like the idea of someone suing Sprint and winning. Review was granted in August 2007.

... premised on the theory that early termination fees are unlawful penalties. Hall v. Sprint Spectrum L.P., ___ N.E.2d __ [Slip Opn., at 1- ... action complaint alleged that plaintiff had entered into a one-year contract with Sprint for two separate lines and agreed to pay a $150 early termination fee ... disposed of the first argument by noting that "the parties chose to apply Kansas law"; in essence, Sprint could not be heard to complain that the "broadly worded choice-of-law provision" that it drafted ...

... Court's Kagan analysis is clarified by Proposition 64 spill-over. Meyer v. Sprint Spectrum LP, ___ Cal. __, 2009 WL197560 (January 29, 2009). In ... -day limitation period for initiating billing disputes. Plaintiffs did not allege, however, that Sprint had asserted or threatened to assert these terms against them. In the wake of the passage of ... The Court of Appeal for the Fourth Appellate District affirmed. See Meyer v. Sprint Spectrum L.P., 150 Cal. App. 4th 1136 (2007). The California Supreme Court ...

... relaxed class certification provisions. In a much watched case brought by customers against Sprint, the customers sought to have a binding arbitration provision and related clauses in their ... method, act or practice declared to be unlawful by Section 1770 may bring an action . . . Sprint obtained dismissal of the CLRA claims on the ground that the plaintiffs had suffered no damage. ... 1780 means what it says: no damage, no lawsuit. Meyer v. Sprint Spectrum L.P. (January 29, 2009) ___ Cal.App.4th ___ ...

... the text of the CLRA, the court concluded that some form of damages -- pecuniary loss, opportunity costs, or transaction costs -- is necessary in order to bring a CLRA claim. See Meyer v. Sprint Spectrum L.P., 2009 WL 197560 (Cal. Jan. 29, 2009). Plaintiffs had alleged that their ... and a $150 early termination fee. But the plaintiffs had made no claim against Sprint, and thus Sprint had not attempted to enforce any of these provisions in the service agreement against them. ...

... plead with an unrealistic degree of specificity that the plaintiff relied on particular advertisements or statements." (Id. at p. 328.) Slip op., at 27. The Court found that the allegations of an extensive advertising campaign ... time. (See, e.g., Meyer v. Sprint Spectrum L.P., supra, 45 Cal.4th at p. 642; Kagan v. Gibraltar Sav. & ... advertising campaign even if they cannot recall the specific advertisements." (Id. at p. 219.) Slip op., at 33. This opinion offers the first evidence that Tobacco II ...

Jackson on Consumer Class Actions & Mass Torts dissects the case, Meyer v. Sprint Spectrum L.P., 2009 WL 197560 (Cal. Jan. 29, 2009). BGS