CALIFORNIA CLASS ACTION LAW

Tag: Recreation

Second District Holds That Purchasing a Product for the Purposes of Litigation Does Not Constitute Injury in Fact Sufficient to Confer Standing Under the UCL

Slot machine.
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The Second District Court of Appeal found that Burger King’s “Transform Your Way” promotional sweepstakes was not a lottery under Penal Code section 319, and that the game pieces were slot machines or punchboards under Penal Code sections 330b and 330c.  McVeigh v. Burger King Corp., B220964, 2010 WL 4056857 (Cal. Ct. App. 2d Dist. Oct. 18, 2010).  The court also held that purchasing a product for the purposes of litigation did not constitute injury in fact sufficient to confer standing under the Unfair Competition Law.  Id. *1.

Background

Plaintiff went to a Burger King restaurant and asked an employee for a free sweepstakes game piece.  Id. And although the game piece prominently indicated that no purchase was necessary, appellant alleged he was told he could not receive a free chance for a prize unless he bought a value meal.  Id. Plaintiff purchased a value meal and removed a pull-tab game piece from the soda and french fry containers.  Id. The game piece required him to scratch off only one of two concealed areas or the game piece would be voided.  Id. Plaintiff-appellant filed a complaint against Burger King, asserting that Burger King had illegally conducted a lottery in violation of section 319, and it had distributed slot machines or punchboards in violation of section 330c.  Id. Burger King’s business acts or practices allegedly caused appellant and the public unspecified injury, as to which appellant claimed entitlement to relief. Id. Read the rest of this entry »

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Ninth Circuit Issues 3-0 Opinion Reversing Denial of Class Certification in Tire Wear Case

LIVERPOOL, ENGLAND - JANUARY 14:  A  Land Rove...
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In a 3-0 opinion, the Ninth Circuit Court of Appeals yesterday reversed a denial of class certification in Wolin v. Jaguar Land Rover North America, LLC, Nos. 09-55104, 09-55105, — F.3d —-, 2010 WL 3222091 (9th Cir. Aug. 17, 2010).  Tire defect cases are normally difficult to certify.  Plaintiffs took the correct approach and positioned their class not as one for tire defect, but for vehicle alignment defect.

Kenneth Gable and Brian Wolin each brought a class action lawsuit against Jaguar Land Rover North America, LLC (“Land Rover”) alleging that Land Rover’s LR3 vehicles suffer from an alignment geometry defect that causes tires to wear prematurely.  Id. *1.  The trial court denied their respective motions for class certification, holding that Gable and Wolin were unable to prove that a majority of potential class members suffered from the consequences of the alleged alignment defect. Read the rest of this entry »