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Restitution Predominance Requirement

King & Spalding

Court Certifies Class Despite Plaintiff’s Admission that She Consistently Purchased the Product Years Before the Allegedly...

King & Spalding on

On November 9, 2020, Judge Jeffrey Miller of the Southern District of California certified a class of California citizens alleging that Kroger violated various California consumer protection laws by mislabeling its...more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit Holds That Google AdWords Class Can Go Forward, Despite Individualized Damages Calculations

In Pulaski & Middleman v. Google, Inc., the Ninth Circuit recently held that a class could be certified in connection with Google AdWords, even though damages would require some individualized calculations....more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Declares That Individualized Damages Issues Alone Never, Ever Preclude Certification of a Rule 23(b)(3) Class

In Pulaski & Middleman, LLC v. Google, Inc., No. 12-16752, 2015 U.S. App. LEXIS 16723 (9th Cir. Sept. 21, 2015), a Ninth Circuit panel held that individualized damages (or restitution) calculations cannot alone defeat Rule...more

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