Search for: "In re Tobacco Cases II" Results 201 - 220 of 342
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21 Jan 2010, 12:55 pm by The Complex Litigator
The initial appellate decisions in which In re Tobacco II Cases (2009) 46 Cal.4th 298, 311 (Tobacco II) was ignored or criticized are beginning to see an equalizing counterbalance from appellate decisions that approvingly apply Tobacco II. [read post]
21 Jan 2010, 7:20 am by Matt C. Bailey
  As reasoned by the Court, common issues predominated insfar as Defendants' liability would be adjudicated based on common proof without inquiry into the individual circumstances of each class member:[I]n In re Tobacco II Cases, the California Supreme Court held that only the named plaintiff in a UCL class action need demonstrate injury and causation.Here, Plaintiffs may prove with generalized evidence that Defendants' conduct was "likely… [read post]
12 Jan 2010, 8:39 am by Matt C. Bailey
(See Docket No. 85.)While only the named plaintiff in a UCL class action based on fraudulent conduct must demonstrate reliance and causation, In re Tobacco II Cases, 46 Cal. 4th at 321, plaintiff's unique susceptibility to a challenge based on her standing to pursue a UCL claim is fatal. [read post]
7 Jan 2010, 1:32 pm by The Complex Litigator
 The Court was swift in rejecting that basis for decertification:  "Recently, the state's high court issued its decision in In re Tobacco II Cases (2009) 46 Cal.4th 298 (Tobacco II). [read post]
31 Dec 2009, 9:35 am
And no, we don't want to hear about your uncle/neighbor/dad's college roommate who made millions in the 1980s on whiplash cases. [read post]
15 Dec 2009, 1:04 pm by Matt C. Bailey
The plaintiff’s theory alleged that Merck knew about the dangers of Vioxx but engaged in a campaign to hide or explain away those risks, and pursued causes of action under the UCL, the FAL the CLRA, and unjust enrichment.Plaintiffs appeal asserted that the Supreme Court’s decision in In re Tobacco II Cases, 46 Cal.4th 298 (2009), undermined the trial court’s rationale. [read post]
14 Dec 2009, 5:14 am
Hewlett-Packard Co. v Acceleron LLC (Inventive Step) (IP Spotlight) District Court S D California.: Evidence relating to re-examination proceedings excluded from trial: Presidio Components Inc., v. [read post]
10 Dec 2009, 5:00 am by Kimberly A. Kralowec
  The UCL part of the ruling is largely based on In re Tobacco II, while the CLRA claim was certified based on a Vasquez theory of presumed reliance. [read post]
25 Nov 2009, 9:02 am by Matt C. Bailey
" In re Tobacco II Cases, 46 Cal. 4th at 312, 320 ("relief under the UCL is available without individualized proof of deception, reliance and injury"). [read post]