Month: October 2019
Recently, in Noel v. Thrifty Payless, Inc., the California Supreme Court relaxed the ascertainability requirement for class certification in a significant ruling for class action plaintiffs. In Noel, a consumer filed a putative class action under California unfair competition and false advertising laws alleging that a $59.99 Rite Aid inflatable outdoor pool was much smaller…
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If your business involves creating generating creative expressions (like books, photographs, or even websites) you probably already know you can prevent unauthorized use or copying of your creative works by filing a lawsuit under federal copyright law. And you may know that, before you can file suit against an unauthorized user or copier (an “infringer”),…
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Every litigator should be aware of an enhanced civil remedy under one of California’s theft statutes, Penal Code section 496(c), which entitles parties to treble damages and attorney’s fees for any violation under that section. The Court of Appeal provided a detailed overview of this remedy in Switzer v. Wood, 35 Cal. App. 5th 116,…
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