California Supreme Court

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California Supreme Court declines to review problematic decision in product liability class action brought under consumer protection laws

November 12, 2015

After extending its time to consider the petition for review, the court declined to review or depublish the opinion below.

U.S. Chamber urges California Supreme Court to review class certification decision in product liability class action

October 13, 2015

In its amicus letter, the U.S. Chamber urged the California Supreme Court to grant a petition for review of a Court of Appeal decision regarding class certification in a product liability case.

The Chamber’s letter argued that review is warranted because of the widespread practical effects of the Court of Appeal’s purported abrogation of the economic loss doctrine and its imposition of a warranty obligation of indefinite (and potentially perpetual) duration. Review is also warranted, the letter explained, because the Court of Appeal’s decision improperly certified a nationwide class predicated on the application of California’s Unfair Competition Law to out-of-state transactions, plaintiffs, and alleged injuries.

Donald M. Falk of Mayer Brown LLP served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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