Last Wednesday, July 11, 2007, the Supreme Court denied the multiple requests to depublish Walsh v. IKON Office Solutions, Inc., 148 Cal.App.4th 1440 (2007) (one of which was filed by yours truly).
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Thursday, July 19, 2007
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So does this now mean that you CAN use predominant individualized affirmative defenses to defeat class cert?
Posted by: tommyk | Thursday, July 19, 2007 at 04:50 PM
Of course not. Not even the Walsh court (trial or appellate) interpreted the law that way. That's the whole point; the sentence about affirmative defenses presents a misleading impression about what the law is, especially if taken out of context. Moreover, as I'm sure you are well aware as an experienced attorney, summary denials by the Supreme Court have no precedential value and may not be cited as suggesting anything one way or another about the merits of the issues raised.
Posted by: Kimberly A. Kralowec | Friday, July 20, 2007 at 09:57 AM