all - Opinion Summaries

CORBETT v. THE SUPERIOR COURT OF ALAMEDA COUNTY (BANK OF AM., N.A.)

Banking Law, Class Actions, Consumer Protection Law, Injury & Tort Law
California's Unfair Competition Law (UCL) and class actions are not mutually exclusive as a matter of law, and where a class has been properly...

THOMPSON v. IRWIN HOME EQUITY CORP.

Attorney's Fees, Banking Law, Contracts, Consumer Protection Law, Dispute Resolution & Arbitration
Plaintiffs were required to arbitrate their Truth in Lending Act claims where 1) a demand for rescission did not have the automatic effect of...

CHASET v. FLEER/SKYBOX INT'L, LP

Commercial Law, Consumer Protection Law
Purchasers of trading cards do not suffer an injury cognizable under RICO when they do not receive an "insert" card in a package of randomly assorted...

JOHNSON & JOHNSON VISION CARE, INC. v. 1-800 CONTACTS, INC.

Commercial Law, Consumer Protection Law, Remedies, False Advertising
An injunction under the Lanham Act, prohibiting a company from making certain statements about another's products and services, is vacated where 1) a...

NAGLE v. EXPERIAN INFO. SOLUTIONS, INC.

Attorney's Fees, Consumer Protection Law
A plaintiff who was not awarded actual damages in an action to enforce liability under the Fair Credit Reporting Act was not "successful", and was not...

FILARSKY v. SUPERIOR COURT OF LOS ANGELES COUNTY (CITY OF MANHATTAN BEACH)

Administrative Law, Civil Procedure, Consumer Protection Law, Government Law
A public agency, in possession of records sought under the California Public Records Act, may not seek a judicial determination regarding its duty of...

DOWHAL v. SMITHKLINE BEECHAM CONSUMER HEALTHCARE

Constitutional Law, Consumer Protection Law, Health Law
Because the Federal Food, Drug, and Cosmetic Act contains a provision which expressly exempts Proposition 65 from federal preemption, an action based...

AAIPHARMA INC. v. THOMPSON

Administrative Law, Consumer Protection Law, Health Law
A claim that the FDA has a duty to ensure the accuracy of listings in its Approved Drug Products With Therapeutic Equivalence Evaluations publication,...

MITCHELL v. AM. FAIR CREDIT ASS'N, INC.

Banking Law, Contracts, Consumer Protection Law, Dispute Resolution & Arbitration
A credit services organization may not modify its membership contract to require arbitration and preclude class relief, simply by notifying members by...

PFENNIG v. HOUSEHOLD CREDIT SERV., INC.

Banking Law, Consumer Protection Law
An action for damages, alleging that credit companies failed to disclose a fee imposed for the extension of credit, was barred where defendants relied...