LexisNexis® Legal Newsroom
California High Court: Pharmacies That 'Passed On' Higher Costs Have UCL Injury

SAN FRANCISCO - (Mealey's) Pharmacies have standing to pursue unfair competition law (UCL) claims alleging that they paid higher prices because of price fixing by pharmaceutical companies, even though they passed the higher prices on to consumers, the California Supreme Court held July 12 ( James...

California Supreme Court Announces Publisher For California Official Reports

San Francisco - The California Supreme Court has announced that a contract proposal by Matthew Bender & Company, a member of the LexisNexis Group, has been accepted by the contracting officials for the State of California and approved by the Supreme Court. Matthew Bender & Company has been the...

Judge Overturns California Gay Marriage Ban

SAN FRANCISCO - (AP) A federal judge overturned California's same-sex marriage ban Wednesday in a landmark case that could eventually land before the U.S. Supreme Court to decide if gays have a constitutional right to marry in America. Chief U.S. District Judge Vaughn Walker made his ruling in a...

California Court Clears Way For Google Age Bias Trial

SAN FRANCISCO - (AP) The California Supreme Court says a former Google Inc. manager can sue the search engine on claims he was fired because of his age. The court ruled Thursday that Brian Reid's discrimination suit could go to trial. . . . Full version available to lexis.com subscribers .

Gay Marriage Goes Before Nation's Largest Appeals Court

SAN FRANCISCO - (AP) The judge who overturned California's gay marriage ban was unrelenting in his repudiation of the measure, saying such laws are mean-spirited and unconstitutional to the core. It was a harsh yet carefully worded ruling that some experts said would be tough to overturn as the landmark...

California Supreme Court: Section 3345 Damages Are A Penalty, Not Available Under UCL

SAN FRANCISCO - (Mealey's) The statute providing for treble damages in cases brought by senior citizens alleging unfair competition provides for such a remedy only as a penalty, making recovery under the unfair competition law, Business and Professions Code Section 17200, et. seq ., impossible, the...

Court Won't Order California To Defend Proposition 8

SAN FRANCISCO - (AP) California's highest court on Wednesday refused to order Gov. Arnold Schwarzenegger and the state's attorney general to appeal a federal ruling that overturned the state's gay marriage ban. The state Supreme Court denied a conservative legal group's request to force...

Friars Ask California High Court To Review Files Ruling

LOS ANGELES - (AP) The Franciscans have asked California's high court to review an appeals court decision ordering them to make public the confidential files of friars accused of sex abuse. Brian Brosnahan, an attorney for the Franciscans, says the Roman Catholic religious order filed the petition...

Court Upholds In-State Tuition For Some Immigrants

SAN FRANCISCO - (AP) The California Supreme Court ruled Monday that some illegal immigrants are entitled to the same tuition breaks offered to in-state high school students to attend public colleges and universities. While the ruling applies only to California, the case was closely watched nationally...

California High Court: Unpaid Wage Penalties Not Recoverable Under Section 17200

SAN FRANCISCO - (Mealey's) The California Supreme Court unanimously ruled Nov. 18 that statutory penalties for unpaid wages are not recoverable as restitution under the state's unfair competition law (UCL), Business and Professions Code Section 17200 ( Jorge A. Pineda v. Bank of America , No...

California Top Court: Purchase Of Mislabeled Product Satisfies Standing Requirement

SAN FRANCISCO -- (Mealey's) Saying "labels matter," a divided California Supreme Court held Jan. 27 that consumers who purchase a product because of its deceptive labeling have "lost money or property" within the meaning of Proposition 64 and have standing to sue ( Kwikset Corp...

Free Download: GreenbergTraurig Alert: ZIPing Towards Litigation — Has The California Supreme Court’s Newest Decision Opened The Floodgates?

The California Supreme Court issued a unanimous opinion on February 10 holding that ZIP codes are "personal identification information" for purposes of the state's Song-Beverly Credit Card Act of 1971, and therefore may not be recorded by a business as part of a credit card transaction...

California High Court Revives Baycol Class Action Appeal

SAN FRANCISCO - (Mealey's) The California Supreme Court on Feb. 28 revived an appeal involving a Baycol heart drug state consumer class action, saying an appeals court misapplied the state's "death knell" doctrine about what claims can be appealed and how soon they must be appealed...

California Top Court: Manufacturers Not Liable For Third-Party Asbestos Products

SAN FRANCISCO - (Mealey's) A manufacturer may not be held strictly liable or negligent for harm caused by another manufacturer's asbestos-containing product except where the defendant bears some direct responsibility for the resulting harm, the California Supreme Court held Jan. 12 in rejecting...

Duane Morris LLP: California Supreme Court Issues Key Ruling On Protection Of Witness Statements

The California Supreme Court addressed vital issues related to attorney work-product protection for statements and interviews of independent witnesses in Coito v. Superior Court , Case No. S181712 (June 25, 2012) [ enhanced version available to lexis.com subscribers ]. The court conducted a comprehensive...

California Court: UCL Subject To Common-Law Accrual; Continuous Accrual Saves Claims

SAN FRANCISCO - (Mealey's) Common-law accrual rules apply in California unfair competition law (UCL) cases, but continuous accrual principles prevent demurrer stage statute of limitations dismissal of a man's action alleging recurring excess charges, the California Supreme Court held Jan. 24...

Abbey Spanier: California Appeals Court Reverses Its Previous Denial of Class Certification In Light Of Brinker Decision

Plaintiffs brought a class action on behalf of approximately 4,000 current and former employees of Boyd & Associates, Inc. which provides security guard services. Plaintiffs alleged that Boyd denied off-duty meal breaks and off-duty rest breaks and did not include certain reimbursements and an annual...

California Supreme Court Holds That Unfair Competition Law Can Include Insurance Claims

SAN FRANCISCO — (Mealey’s) The California Supreme Court said Aug. 1 that an insurance policyholder can bring bad faith and false advertising claims against her insurance company under the state’s unfair competition law (UCL; Business and Professions Code Section 17200, et seq. ) and...

California High Court: Tax Code, Not UCL, Proper Avenue For Excess Tax Case

SACRAMENTO, Calif. — (Mealey’s) California’s tax code provides the sole remedy for consumers who believe that a retailer improperly charged tax reimbursements, the California Supreme Court held May 1 in a 4-3 opinion rejecting state unfair competition law (UCL) claims ( Kimberly Loeffler...