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California Supreme Court

May 30, 2009

Point: Class Action Satisfaction

The California Supreme Court's decision in In re Tobacco II Cases destroys Proposition 64 even as it purports to implement it, write Jones Day lawyers Jeffrey LeVee, Christopher Lovrien and Michael Tunick.

Jeffrey A. LeVee

Partner, Jones Day

Antitrust

555 S Flower St Fl 50
Los Angeles , CA 90071

Phone: (213) 243-2572

Fax: (213) 243-2539

Email: jlevee@jonesday.com

Northwestern Univ School of Law

Christopher J. Lovrien

Partner, Jones Day

Email: cjlovrien@jonesday.com

Harvard Univ Law School; Cambridge MA

Christopher is a business litigator who serves as partner-in-charge of Jones Day's California Region.

The California Supreme Court's decision in In re Tobacco II Cases destroys Proposition 64 even as it purports to implement it. The 4-3 decision potentially permits plaintiffs who have not suffered injury to band together with thousands of uninjured class members to seek monetary restitution and injunctive relief provided they can find just one plaintiff who actually was injured to serve as the named class plaintiff. The plaintiffs' bar is ecstatic. But for the rest of us in this s...

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