New UCL decision: Feitelberg v. Credit Suisse

In an opinion just handed down this afternoon, the Court of Appeal (Sixth Appellate District) addressed whether non-restitutionary disgorgement of profits is recoverable in a certified UCL class action. Exacerbating the split in appellate authority on this question, the Court held that such a remedy is not available. Feitelberg v. Credit Suisse First Boston LLC, ___ Cal.App.4th ___ (Dec. 9, 2005).

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Recent federal Prop. 64 order: Anunziato v. eMachines, Inc.

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Unpublished Prop. 64 opinion ordered published: Bivens v. Gallery Corp.