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Perspective

Nov. 10, 2009

When Courts Disagree

H. Scott Leviant of Spiro Moss comments on the battle between lower courts and the state Supreme Court in the area of unfair competition law.

By H. Scott Leviant

A bloodless war of sorts is being waged in California's judicial branch, particularly in areas related to class action litigation. The ammunition is in the form of orders and opinions. The casualties are legion: lawyers, companies, California's citizens, and judges. The mission is not entirely clear, but it appears to be control of the attitude towards high stakes litigation.

Trial and appellate courts have become increasingly bold in their att...

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