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Dec. 16, 2009

Attacking Class Certification Motions

Michael Cypers and Joshua Stokes of Crowell & Moring say new decisions post-In re Tobacco II provide fertile grounds to resist class certification.

By Michael Cypers and Joshua Stokes

When the California Supreme Court decided In re Tobacco II Cases, 46 Cal. 4th 298 (2009), you could hear the sound of champagne corks popping in plaintiff firms all across California hoping to obtain certification of large classes containing plaintiffs who did not even have to show they were exposed to or relied upon the allegedly unfair or fraudulent representations in order recover under the Unfair Competition Law (UCL), Califo...

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