Tuesday, January 5, 2010

Multiple Requests for Depublication filed in Cohen v. DirecTv

Prior to the holidays, several requests were filed with the California Supreme Court seeking depublication of the Second District’s decision in Cohen v. Directv, including one drafted by myself.  Depublication is based on the grounds that Cohen improperly concluded that a trial has discretion to deny certification of a UCL claim under the fraudulent prong based on individualized issues relating to absent class member reliance.  As discussed in a previous post (here), Cohen's holding in this regard is in direct conflict with the California Supreme Court’s decision in In Re Tobacco II.  Cohen's status was previously changed from unpublished to published based on a letter campaign initiated by members of the defense bar (copies of which were previously posted here).

The documents relating to depublication are contained below, including the two oppositions that were filed prior to the close of the response period (per CRC 8.1125(b)):

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