Supreme Court grants review of UCL preemption decision: Viva v. Adidas

Yesterday, the Supreme Court granted review in Viva International v. Adidas Promotional Retailer (no. S140064). In Viva, the Court of Appeal held that a UCL "unlawful" prong claim was preempted by federal law. The defendant also raised Prop. 64 retroactivity, but the Court of Appeal did not reach that issue in light of its preemption ruling. The Court of Appeal's opinion is here, and my original post on the opinion is here.