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Adobe PDFCalifornia Supreme Court Issues Watershed Decision Relaxing Standing and Liability Requirements under California's Unfair Competition Law
Arnold & Porter LLP;
Legal Alert/Article
June 17, 2009, previously published on May 2009
In a highly-anticipated ruling that may have significant negative consequences for companies doing business in California, the California Supreme Court issued its decision on May 18, 2009 in In re Tobacco II Cases. www.arnoldporter.com

 

HTMLActual Injury (and Standing) Necessary Only for Class Representatives, Not Absent Class Members, under California's Section 17200
Donald M. Falk, John Nadolenco, Tai Lui Tan; Mayer Brown LLP;
Legal Alert/Article
June 16, 2009, previously published on May 2009
Until California voters passed Proposition 64, anyone could sue on behalf of the "general public" using the unique representative action of California's Unfair Competition Law (UCL), the notorious Section 17200 of California's Business and Professions Code.

 

HTMLHouse Passes Bill Giving FDA Oversight of Tobacco Industry
Manatt, Phelps & Phillips, LLP;
Legal Alert/Article
April 29, 2009, previously published on April 20, 2009
The House of Representatives has voted in favor of a bill that would give the Food and Drug Administration the power to regulate the tobacco industry.

 

HTMLProposed Bill Would Give FDA Jurisdiction over Tobacco
Keller and Heckman LLP;
Legal Alert/Article
April 28, 2009, previously published on April 9, 2009
The U.S. House of Representatives passed the Family Smoking Prevention and Tobacco Control Act (FSPTCA) on April 2, 2009.

 

HTMLMassachusetts Supreme Judicial Court Affirms Summary Judgment against Tobacco Company for False Advertising of "Light" Cigarettes
Beth I. Z. Boland, Brandon L. Bigelow, Carolyn French; Bingham McCutchen LLP;
Legal Alert/Article
April 21, 2009, previously published on April 3, 2009
The Massachusetts Supreme Judicial Court ("SJC") recently affirmed the grant of summary judgment in favor of plaintiffs in Aspinall v. Phillip Morris, Inc., No. SJC-09981, slip op. (Mar. 16, 2009), holding that a tobacco company had engaged in unfair and deceptive trade practices in...

 

HTMLU.S. Supreme Court Dismisses Appeal of Oregon Tobacco Punitive Damages Award
Lori Irish Bauman; Ater Wynne LLP;
Legal Alert/Article
April 7, 2009, previously published on March 31, 2009
Mayola Williams' products liability case has completed its third journey to the U.S. Supreme Court, as the Court today dismissed Philip Morris' appeal of a $79.5 million punitive damages award.

 

HTMLCalifornia Supreme Court Hears Oral Argument on In re Tobacco II Cases
Michael I. Begert, Janice W. Howe; Bingham McCutchen LLP;
Legal Alert/Article
April 1, 2009, previously published on March 18, 2009
On March 3, the California Supreme Court heard oral argument in a case which may determine the future viability of class action claims under California's Unfair Competition Law ("UCL").

 

Adobe PDFState Unfair Trade Practices Claims May Get Boost from Pre-Emption Ruling
Erick M. Sandler; Day Pitney LLP;
Legal Alert/Article
February 25, 2009, previously published on February 6, 2009
A recent U.S. Supreme Court decision may weaken one line of defense against state unfair trade practices claims: federal pre-emption.

 

HTMLNavigating the 1925(b) Minefield of Waiver - The Pennsylvania Supreme Court's Attempt to 'Clarify the Confusion and Quell the Consternation'
Kimberly Boyer-Cohen; Marshall, Dennehey, Warner, Coleman & Goggin;
Legal Alert/Article
February 13, 2009, previously published on June 2008
The myriad decisions of the intermediate appellate courts and trial courts regarding waiver under Rule 1925(b) have been characterized as causing "much consternation in the courts of this commonwealth."

 

HTMLHigh Court Green-Lights "Light" Cigarette Cases
Manatt, Phelps & Phillips, LLP;
Legal Alert/Article
February 5, 2009, previously published on January 8, 2009
The Supreme Court has opened the door to a new wave of tobacco litigation, finding that smokers could sue cigarette makers for allegedly deceiving them about the dangers of "light" cigarettes.

 


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