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Litigation

Dec. 7, 2001

Back Door

During the Summer of 2000, the California Supreme Court issued two companion cases in which the court prohibited fluid recovery in cases that have not been certified as class actions. What is less known about these decisions is that they may have created a "back door" for recovery on behalf of absent plaintiffs in cases not certified as class actions under Business & Professions Code Section 17200 et seq., California's unfair-competition law.

        By Gregory A. Nylen
        
        During the Summer of 2000, the California Supreme Court issued two companion cases in which the court prohibited fluid recovery in cases that have not been certified as class actions. What is less known about these decisions is that they may have created a "back door" for recovery on behalf o...

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