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California Omissions Claims: Safety Required?

Law360, New York (February 15, 2017, 10:47 AM EST) -- David Stein

Amanda Karl California has the nation’s most powerful consumer protection statutes. During the past decade, however, California’s federal courts imposed a major constraint on omission claims brought under those statutes.

Rather than holding that any material omission can violate the statutes, federal courts construed the statutes narrowly, holding that they bar only those omissions that involve personal safety. This interpretation has never been grounded in the statutes’ text, but has led courts to dismiss dozens of consumer class actions at the pleading stage....
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