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Class Actions

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Approval of a class action settlement in a case of alleged false advertising of weight loss products is reversed because the claim form misinformed class members as to key aspects of the settlement agreement that had been approved by the court.  Read More

A class notice of settlement need not comply with Civ. Code 1781(d)’s requirement of publication of notice of a CLRA class action once a week for four weeks in the county in which the transaction occurred; that statute only applies in the context of a contested class certification.  Read More

A district judge’s order slashing class counsel’s compensation by 70% in wake of a common fund settlement is overturned for failure to explain adequately the basis for the reduction.  Read More

The local controversy exception to federal CAFA jurisdiction applied in this pollution class action because the plaintiffs sought significant relief from and based their suit in significant part on a nondiverse defendant’s negligence in performing its contract to remediate the diverse defendant’s pollution. Read More

The trial court violated a class action defendant’s due process rights by awarding plaintiffs' attorneys fees based on their time records which the court reviewed in camera and refused to let the defendant see.  Read More

California's general rule requiring automatic disqualification of counsel involved in a simultaneous conflict of interest does not apply to or require disqualification of the counsel for plaintiffs in a class action who drafted a settlement that gave named class representatives an interest in conflict with unnamed class members’ interests.   Read More

Statistical evidence may be used to prove liability in a class action if it would be admissible to prove liability in an individual suit on the same claim.  Read More

Unless he moves to intervene, an unnamed class member lacks standing to appeal an attorney fee award to class counsel following entry of a class action judgment; mere objection to class counsel’s motion for a fee award does not suffice.  Read More

A court may decide the issue of class certification on demurrer when it is clear that, even taking the facts alleged in the complaint as true, there is no reasonable possibility that the requirements for class certification can be met.   Read More

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