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Matt C. Bailey weighs in on the impact of the California Supreme Court’s recent decision in Kwikset v. Superior Court in the February 11, 2011 edition of the BNA Class Action Litigation Report, Vol. 12, No. 3. The Kwikset decision, which reversed a court of appeal ruling limiting a citizen’s right to sue under California’s Unfair Competition Law (UCL), held that “plaintiffs who can truthfully allege they were deceived by a product’s label into spending money to purchase the product, and would not have purchased it otherwise, … have standing to sue.” The Article may be found here.
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On May 10, 2013, the Fourth District Court of Appeal (Division Three) reversed its prior opinion in Faulkinbury v. Boyd & Associates, Inc., 185 Cal. App. 4th 1363 (2010), which had affirmed the trial court’s denial of certification of meal and rest break claims, premised largely on the employer’s use of on-duty meal agreements, on behalf of a proposed class of approximately 4000 security guards. The Court’s subsequent Opinion reversed and remanded the trial court’s denial of certification, with directions to certify all of the theories of liability assert by the plaintiffs. The Opinion contains significant analysis favorable to the plaintiff’s perspective on several issues, including... >> More
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