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« Two new opinions on class settlement objections: Consumer Privacy Cases and Clark v. American Residential Services LLC | Main | U.S. Supreme Court takes up CAFA case: Hertz v. Friend »

Tuesday, July 14, 2009


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Andrew Sussman

Of particular interest is that Kearns affirmed the dismissal of UCL and CLRA claims that were "grounded in fraud" even though they also had pled alternative, non-fraud grounds (e.g. UCL unfairness) for relief.

What is now clear is that in federal court any fraud-based claim must be pled, separately and with FRCP 9(b) specificity, against each of multiple defendants -- regardless of the claim's formal cause of action or basis.

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