• Kimberly A. Kralowec
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« Summary of issues on review in Amalgamated | Main | The Daily Journal reports »

Wednesday, June 27, 2007


Andrew Sussman

The Ocwen Loan decision to which you referred deserves particular attention. There, at pp. 17-28 while remanding, Judge Posner attempts to apply the US Supreme Court's new heightened pleading requirements for antitrust cases (in last month's Bell Atlantic case) to a non-antitrust, consumer remedies (including California's UCL) lawsuit. He's the first to do so, and I'd predict he won't be the last.

Kimberly A. Kralowec

Thanks. That aspect of the Ocwen opinion jumped out at me immediately, even on a quick read. It's very problematic, even alarming. Fortunately, Twombly does not apply to cases filed in California state courts.

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