Standing Under Calif.’s Unfair Competition Law

Law360, New York (June 8, 2011, 1:18 PM EDT) -- While standing is a threshold question in every action, it is not necessarily a bar to absent class-member claims under California’s Unfair Competition Law (UCL).

In a 2009 landmark decision, the California Supreme Court ruled that absent class members need not establish that they suffered injury as a result of unfair competition in order to assert viable UCL claims. In re Tobacco II Cases, 46 Cal. 4th 298, 321, 326 (2009) (“Tobacco II"). The court concluded that Proposition 64 (approved by California voters in the November...
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