This afternoon at 1:30 p.m., the Supreme Court will hear oral argument in Clayworth v. Pfizer, Inc., no. S166435. In that case, the question is whether an intermediate purchaser (of, for example, price-fixed goods) may recover damages under the Cartwright Act or restitution under the UCL. In other words, can the defendant assert a "pass-on" defense if the plaintiff resold the goods and passed on the overcharges? I am planning to attend the argument and provide a report here tomorrow.
Also, a recent article in the Recorder said that Justice Kennard is going to miss a number of upcoming arguments while she recovers from surgery, including this week's arguments:
An avid and persistent questioner, Kennard would still get to participate by viewing videotapes of the arguments, unless the parties refuse to stipulate to her absence. If that happens, Chief Justice Ronald George said he would need to decide on a case-by-case basis whether to continue the matter or appoint a pro tem justice from the appellate courts to hear it instead.
The Clayworth docket indicates that three pro tem justices have been assigned to the case: "Hon. Ignazio J. Ruvolo, CA 1/4 (for Kennard, J.); Hon. Ronald B. Robie, CA 3 (for Chin, J.); Hon. Douglas P. Miller, CA 4/2 (for Corrigan, J.) ."