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: 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...

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...

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 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...