California Supreme Court Denies Petition for Review/Request to Depublish Cohen v. DIRECTV

On February 10, 2010, the California Supreme Court issued a ruling denying review and depublication of the decision in Cohen v. DIRECTV, 178 Cal.App.4th 966 (2009). The Court’s ruling comes on the heels of a modification of the opinion in Steroid Hormone Product Cases (previously discussed here) in which the Second District, Division Four, overtly stated disagreement with Cohen's conclusion that a trial court may properly consider absent class member reliance when evaluating whether to certify a UCL claim under the fraudulent prong.