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Ninth Circuit Adheres to Precedent and Finds That Subverting Express Warranties Simply Does Not Compute

On May 19, 2022, in an unpublished decision, a Ninth Circuit panel reaffirmed that under California law manufacturers do not have a duty to disclose defects in their products that manifest after the expiration of the...more

Exclusion of Damages Expert at Class Certification Stage Results in Partial Denial of Certification Motion

Just a decade ago, it was still an open question whether parties could challenge the admissibility of expert testimony in class certification proceedings. The United States Supreme Court recognized the issue in Wal-Mart...more

The California Supreme Court Shrugs Off a Settlement to Provide Important Guidance on Admissibility of Former Deposition Testimony...

We reported back in December [California Supreme Court Set to Decide How Defense Counsel Approach Defending Company Witness Depositions] on a case then pending before the California Supreme Court, Berroteran v. Superior...more

California Supreme Court Set to Decide How Defense Counsel Approach Defending Company Witness Depositions

The California Supreme Court will soon decide an evidentiary issue that could significantly impact how company witnesses are defended at deposition. The Court heard argument December 7 in Berroteran v. Ford Motor Co., No....more

A Failure of Leakage Linkage: The District of New Jersey Sinks a Proposed Class Action under Tennessee and California Laws over...

A New Jersey federal judge recently applied Tennessee and California law in dismissing a proposed class action concerning allegedly leaky water heater sensors/valves (valves) made by Honeywell International Inc. The decision...more

9th Circuit Restores and Clarifies Standards for Certification of Settlement Classes

The Ninth Circuit’s recent en banc decision in In re Hyundai and Kia Fuel Economy Litigation, — F.3d —, 2019 WL 2376831 (9th Cir. Jun. 6, 2019), restored some much-needed balance to the class action universe. The court...more

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