CALIFORNIA CLASS ACTION LAW

U.S. Supreme Court Set to Hear Oral Argument in AT&T Mobility v. Concepcion, a Case Which Many Predict Will End Consumer Class Actions

from here to eternity
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The U.S. Supreme Court will hear oral argument in AT&T Mobility v. Concepcion tomorrow (Tuesday, Nov. 9, 2010). This is a critical case, in which the Court may effectively end most court-based consumer class actions.

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Central District Strikes Opposition Filed by Terminated Former Co-Counsel in Putative Class Action

Treasure fight
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In the latest round of an apparent falling out between law firms, the Central District of California struck a terminated firm’s  request to strike the notice of its termination, and considered but did not rule on the remaining firm’s alleged ethics violations.  Yumul v. Smart Balance, Inc., No. CV 10-00927 MMM (AJWx), 2010 WL 4352723 (C.D. Cal. Oct. 8, 2010).

Background

Plaintiff Rebecca Yumul filed a notice of termination of counsel, terminating Beck & Lee Business Trial Lawyers (“Beck & Lee”) as her counsel.  Id. *1. The notice was filed by Beck & Lee’s former co-counsel, the Weston firm (“Weston”), which continues to represent Yumul.  Id. Beck & Lee filed a pleading requesting that the court strike the notice of termination, alleging ethical violations by the Weston, and seeking Weston’s disqualification. Id. Beck & Lee asserts that Weston has filed a suit in the Southern District of California to determine the validity of the Joint Prosecution Agreement (“JPA”) that governed Beck & Lee’s co-counsel relationship with Weston in this and other class actions. Id. Yumul filed an ex parte application to strike Beck & Lee’s filings. Id.

Motion to Strike Terminated Counsel’s Opposition

The court granted plaintiff’s motion to strike Beck & Lee’s opposition to the notice of termination on the grounds that it interferes with her absolute right to discharge her attorney.  Id. Read the rest of this entry »