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June 2010 Newsletter |
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 | Lesson: Match Your Class Definition to the Advertising Campaign
by ROBERT J. DREXLER, JR., ESQ. |
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On June 17, 2010, the California Supreme Court denied the petition for review and request for depublication in Pfizer, Inc. v. Superior Court, 182 Cal. App. 4th 622 (2d Dist., 2010). Accordingly, this important post-Tobacco II appellate opinion remains good authority. Pfizer provides a cautionary tale of attempting to certify too broad a class. The lesson here is to tailor your proposed class definition to the scope and manner in which the alleged misrepresentations were made.
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| Health Care Reform: How It Affects Medical Device Manufacturers
By NEDA SARGORDAN, ESQ. |
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On March 21, 2010, the United States Congress passed the Health Care and Education Affordability Reconciliation Act of 2010 (H.R. 4872). This legislation will reform the nation’s broken health insurance system by providing medical coverage to uninsured, vulnerable Americans who would otherwise not be able to receive adequate health care. Passage of this Act is truly a democratic success and a milestone in our nation’s history.
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| Filming Police Officers: Crime or Civic Duty?
By GREG CRAGG |
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In the early hours of New Year’s Day 2009, BART police officer Johannes Mehserle shot and killed Oscar Grant, who had been involved in a fight and was resisting arrest while prostate on the ground. Immediately after the shooting, Mehserle and his partner began to confiscate cell phones, cameras, and video tapes, many of which have still not been returned to their owners. After the public release of many of these recordings and a public outcry culminating in riots, Mehserle was charged with murder in the first degree.
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