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Plaintiffs Find California Courts Congenial To Section 11 Actions

Muttering About Mottoes The official motto of the State of California is “Eureka”.  Cal. Gov’t Code § 420.5.  The word is a transliteration of the Greek word εὕρηκα which is first person, singular, indicative active form of verb “find”.  Thus, it translates into “I have found it”.  The motto, which appears on the state’s seal,…

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Section 11 Class Actions And The Magna Carta

If you had a dispute in Medieval England, it would likely be heard in the court of the local baron.  Some disputes, however, caught the interest of the monarch and would be heard in a royal court.  In the twelfth century, King Henry II instituted royal justice throughout England.  As might be expected, controversies arose…

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Ninth Circuit Decides Plaintiff May Amend Complaint To Plead That Subsequent Event Caused Loss

As mere mortals, we experience time as proceeding in one direction only.  We can move forward in time, but never backwards (at least not yet).  To illustrate, suppose there are two events, which I creatively call “Event A” and “Event B”.  If Event A occurs before Event B, can Event B ever be said to have caused Event A?  Yesterday,…

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