Corporate
Mar. 1, 2011
Certification of Unfair Competition and False Advertising Claims: Stepping Up in Class?
Why the Tobacco II case may not have a profound impact on class certification, as was previously feared by many. By Matthew Marino of Allen Matkins Leck Gamble Mallory & Natsis LLP.
In re Tobacco II Cases (2009) 46 Cal.4th 298, is the watershed case for application of Proposition 64 to putative class actions under the unfair-competition law and false advertising law. Tobacco II held that only named plaintiffs, not class members, must prove actual loss of money or property from allegedly unlawful or deceptive practices. The defense bar and business interests justifiably worried about the impact of the decis...
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