In state courts, sometimes you lose even when you win. In a recent false-advertising class action, a California Superior Court entered an order concluding that the testimony of the plaintiffs’ expert—who was the linchpin of the case for class certification and on the merits—was inadmissible, which meant that the defendant was entitled to judgment as a matter of law. See Wallace v. Monier, LLC (pdf), No. S-CV-0016410 (Cal. Super. Ct. Placer Cty. Jan. 28, 2013).

Sounds great, right—so what’s the problem? The judge waited to decide these issues until after a jury trial on the class claims in which…
Continue Reading California Trial Court Rejects “Trial by Formula” Approach to False-Advertising Class Action and Sets Aside Verdict