CALIFORNIA CLASS ACTION LAW

September 1, 2010

Ninth Circuit Holds That Optimistic Statements & “Poor Business Decisions” Fail to Satisfy PLSRA’s Heightened Pleading Standards

A can of Jones cream soda
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The Ninth Circuit, in an unpublished opinion, held that plaintiffs in a securities fraud class action failed to meet the PSLRA’s heightened pleading requirements where the complaint did not contain factual allegations sufficient to demonstrate that the Defendants’ statements regarding a marketing initiative were untrue.  In re Jones Soda Company Securities Litigation, No. 09-35732, 2010 WL 3394274 (9th Cir. Aug. 30, 2010). Read the rest of this entry »

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September 1, 2010

Essay Arguing for Reversal of Dukes v. Wal-Mart Stores, Inc.

A typical Wal-Mart discount department store i...
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Professor Benjamin Spencer’s Federal Civil Practice Bulletin links to an essay by Professor Richard Nagareda entitled Common Answers for Class Certification.  The essay focuses on Dukes v. Wal-Mart Stores, Inc. Prof. Nagareda argues that the Supreme Court should review and reverse the Dukes opinion because of a “crucial conceptual error in Dukes: the majority’s confusion between motions for class certification and the motion that really does regulate the relationship between the court and the fact finder (summary judgment).” Read the rest of this entry »

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September 1, 2010

Second District Reverses Denial of Nationwide UCL and FAL Class

Ticketmaster Charges
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The Second District Court of Appeal, in an unpublished opinion, reversed a trial court’s denial of plaintiff’s motion to certify a nationwide class in Schlesinger v. Superior Court of Los Angeles County (Ticketmaster), B224880, 2010 WL 3398844 (Cal. Ct. App. 2d Dist. Aug. 31, 2010).   Read the rest of this entry »

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