CALIFORNIA CLASS ACTION LAW

The Ninth Circuit Court of Appeals in Kelley v. Microsoft Corporation, No. 09-35699, 2010 WL 3556196 (9th Cir. Sept. 14, 2010) (slip op.) reversed in part a class certification decision for failure to properly conduct the predominance inquiry under Rule 23(b)(3).  Id. *1.  The case involves alleged misrepresentations and omissions in Microsoft Corporation’s (“Microsoft”) pre-release marketing of its Windows Vista operating system.  Id. Plaintiffs-Appellants appealed the denial of their motion for narrowed class certification of two classes proposed after the district court decertified their original class.  Id. Read the rest of this entry »