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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