Firm Blogs
- Ninth Circuit Applies California UCL Standards, Confirming Recent State Law Precedents
Wed, 28 Jul 2010 10:17:34 -0800
In a follow up to last week’s post regarding the Nelson v. Pearson opinion, the Ninth Circuit has now applied similar principles when applying California state law. In Rubio v. Capital One Company, the Ninth Circuit further confirmed that all that is required to establish a plaintiff&rsqu...
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- Court Offers Guidance as to Requirements for Alleging Harm to Establish UCL Standing
Thu, 22 Jul 2010 12:14:32 -0800
The California Court of Appeal, in Nelson v. Pearson Ford Co., issued a lengthy 50-page opinion on July 15 addressing numerous issues, including violations of the Automobile Sales Finance Act (“ASFA”), the Unfair Competition Law (“UCL”), the Consumer Legal Remedies Act (&ldqu...
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- Financial Services Reform Bill and the Insurance Industry
Mon, 19 Jul 2010 13:29:17 -0800
On July 15, 2010, the United States. Senate passed the Restoring American Financial Stability Act of 2010. The bill now goes to President Obama for his signature, which is expected in the coming days.
The bill, which is over 1,600 pages, establishes new regulations designed to prevent the repeat of ...
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- Supreme Court Upholds San Francisco Health Care Plan Requiring Employer Contributions
Wed, 07 Jul 2010 14:41:37 -0800
On June 28, 2010, the United States Supreme Court announced that it would not hear a challenge to San Francisco’s universal health care program filed by the Golden Gate Restaurant Association. The announcement effectively put an end to a four-year legal battle.
One provision of program, ...
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- The Federal Insurance Office is on the Way
Tue, 06 Jul 2010 11:01:08 -0800
by Larry Golub
While not yet approved by the United States Senate, the Federal Insurance Office (FIO) – the first time an entity in the federal government has been created to specifically address the insurance industry – moved that much closer to reality when the House of Representatives...
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- Don't Miss the Barger & Wolen Presentations at the 2010 Western Claim Conference
Tue, 22 Jun 2010 15:57:48 -0800
Barger & Wolen partners Martin E. Rosen and Robert E. Hess will each present at the 2010 Western Claim Conference (June 27-29, 2010 | Indian Wells, CA).
Disability Legal Update by Martin E. Rosen (Session 2 | Monday, June 28)
Keep up to date! What topics have disability insurers and their i...
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- In "Bet the Farm" Cases, Court Calls for Close Scrutiny of Reasonableness
Fri, 23 Jul 2010 12:42:41 -0800
By David McMahon and Heather Lee
In Donahue v. Donahue, 182 Cal.App.4th 259 (Feb. 24, 2010), a California Court of Appeal recently reversed the trial court’s award of fees where simultaneous representation by multiple firms created unnecessary and duplicative fees.
The trial court charged a tr...
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- Action Against Landlord Under The Unfair Competition Statute Cannot Support Attorney Fee Award
Thu, 22 Jul 2010 10:50:35 -0800
In City of Santa Monica v. Gabriel, 2010 DJDAR 11005 (2010), the Second Appellate District of the California Court of Appeal ruled that in an action brought pursuant to Business and Professions Code section 17200 (the “UCL”), the trial court improperly granted a fee award. ...
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- Award of Attorney Fees Under the Automobile Sale Finance Act Upheld by Court of Appeal
Tue, 20 Jul 2010 13:50:57 -0800
by David J. McMahon and Tino X. Do
In Nelson v. Pearson Ford Co., D054369 (July 15, 2010), the Fourth Appellate District upheld the trial court’s judgment awarding attorney fees to plaintiff class representative under the Automobile Sale Finance Act (“ASFA”), and denied costs to de...
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