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Civil Procedure,
California Supreme Court

Jul. 27, 2023

Batten down the hatches, a new wave of UCL claims may be on the horizon

In the wake of California Medical, organizations that routinely devote resources to fighting unfair business practices will likely avail themselves of California's new conception of standing under the UCL. While the Court attempted to mitigate this risk by imposing restrictions on organizational standing, the decision leaves substantial ambiguity that will require lower courts to wrestle with standing challenges.

Ryan D. Ball

Partner
Jones Day

Email: rball@jonesday.com

Univ of Michigan Law Sch; Ann Arbor MI

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Matthew T. Billeci

Associate
Jones Day

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John A. Vogt

Partner
Jones Day

3161 Michelson Dr Ste 800
Irvine , CA 92612

Phone: (949) 851-3939

Fax: (949) 553-7539

Email: javogt@jonesday.com

Notre Dame Law School

John is a member of the firm's Cybersecurity, Privacy and Data Protection Practice.

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The California Supreme Court's recent decision in California Medical Ass'n v. Aetna Health of California, Inc., No. S269212, 2023 WL 4553703 (Cal. July 17, 2023), sets the stage for a seismic shift in litigation under California's Unfair Competition Law (UCL). The Court unanimously ruled that the California Medical Association (CMA) had standing to sue Aetna, a healthcare insurer, for alleged violations of the UCL by incurring costs to resp...

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