Consumer Advocate Legal Update : Class Action Lawyers & Attorneys : Khorrami Pollard & Abir Law Firm : Mass Torts, Products Liability

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. 

In Pfizer, a consumer sued a mouthwash manufacturer pursuant to the unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.) and the false advertising law (Bus. & Prof. Code, § 17500 et seq.). The consumer alleged the manufacturer marketed its mouthwash in a misleading manner by representing the use of mouthwash could replace the use of dental floss in reducing plaque and gingivitis.

The trial court certified a class of "all persons who purchased Listerine, in California, from June 2004 through January 7, 2005." The Court of Appeal granted Pfizer's petition for writ of mandate, concluding the trial court's class definition was overbroad. The Supreme Court granted review. On August 19, 2009, the Supreme Court transferred the matter back to the Court of Appeal with directions to vacate the decision and reconsider the matter in light of In re Tobacco II Cases (2009) 46 Cal.4th 298 [93 Cal.Rptr.3d 559, 207 P.3d 20] (Tobacco II). Having done so, The Court of Appeal again concluded the class definition is overbroad and granted Pfizer's petition.  

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Q: What's your favorite thing to do on your day off?  A: Either hiking with my dog or going to see live music at the Hollywood Bowl.

Q: What’s your favorite song right now?  A: I recently made a very eclectic mix with all the songs that I love right now. It has some new songs along with some old favorites, including: Lady Gaga, Rufus Wainwright, Metric, Arcade Fire, Crosby, Stills & Nash, and Joni Mitchell. It has the perfect song to fit every mood.

Q: What is your favorite food? A: I love French food. My idea of a perfect meal is a cheese plate followed by mussels with French fries.

Q: Who was your favorite TV character when you were younger?  A: Punky Brewster

Q: If you were stranded on a desert island, what three items would you take with you?  A: My ipod, a Kindle loaded with plenty of reading material, and some kind of musical instrument that I would teach myself to play in all the spare time I would finally have.

Q: What are five things you can’t live without? A:  My ipod, my Blackberry, GPS, caffeine, and NPR.

Q: If you had one million dollars, what would you do with it? A: Give to charity and travel the world.

Q: What’s your motto/advice you live by? A: Always welcome a challenge.

Q: Why did you choose to be a plaintiff attorney? A: I was drawn to the idea of being able to seek justice for individuals who had been wronged, regardless of their financial situation.

Q: What is your most memorable case experience? A: Working with clients and other firms all across the country on a Multi-District Litigation dealing with art auctions held on cruise ships. It’s given me new insight on both the art world and the cruise industry.

Q: What do you love the most about your job? A: The fact that I get to have a lot of contact with the clients that I represent which makes me feel deeply invested in the causes we pursue.

Q: Any advice to clients? A: Hold on to all of your documents and keep track of where you put them, even if you don’t think you’ll ever need them… you’d be surprised!

                     Katie can be reached by email at kmcsweeney@kpalawyers.com.

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Shawn Khorrami, the founding partner of KPA, was published this month in California Litigation, the Journal of the Litigation Section, State Bar of California.

In his article, "Growing During Tough Times: Building your Small Firm," Shawn provides the reader insight into how to make a business thrive in cyclical tough times.

“Those who are able to not only survive, but see opportunities in tough times and exploit them, are the ones who come out of economic downturns catapulting past their competitors,” said Shawn.

Supported by his own experience, Shawn’s article offers great advice to all business owners.

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The BP oil spill fiasco is still making headlines, and BP has reported they have collected about 1.8 million gallons of oil over the past 4 days, with the total oil spill rate still not clear. When this disaster first occurred we linked on our site to the latest news on the oil spill.  Now, a month later, ABC News reports BP has bought several search phrases on sites like Google and Yahoo, so the top results direct people to the company’s website. Efforts like these are making it easier for BP to control what the public finds about the issue.

If you have been affected by the oil spill and the situation isn’t clear to you, please contact us here.

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On June 2009, Roche Pharmaceuticals, manufacturer of Accutane, recalled the acne medication after having to defend several lawsuits filed by consumer who had been allegedly harmed by the drug.

The use of Accutane has been linked to the following gastrointestinal injuries:

• Inflammatory Bowel Disease
• Crohn's Disease
• Ulcerative Colitis
• Rectal Bleeding

If you or a loved one has taken Accutane and developed any of these injuries please contact us here to tell us about your experiences.

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