Class Actions -- 2008



Safaie v. Jacuzzi Whirlpool Bath, Inc.   (Cal. Ct. App.)

Request to publish opinion regarding reliance on advertising

On Dec. 1, the NAM filed an amicus letter requesting the California Court of Appeal to publish its opinion in this case. Publication here would provide substantial guidance for courts and litigants on critical issues for consumer class actions, particularly given the evolving nature of state law. Our amicus letter argues that the court’s discussion of materiality as to the Consumer Legal Remedies Act, Song-Beverly Act, and express warranty claims would provide substantial guidance to courts and litigants addressing such issues, and its discussion of the Unfair Competition Law issues under alternative legal theories warrant publication.

Regrettably, the court denied our request on Dec. 5.


Related Documents:
NAM Amicus Letter  (December 1, 2008)