Supreme Court grants review in UCL preemption case
Yesterday the Supreme Court granted review of Grace v. eBay, Inc., 120 Cal.App.4th 984 (2004), which addresses whether a federal statute governing "interactive computer services" immunizes eBay from liability for libel, and thus from liability under the UCL's "unlawful" prong. My original post on the Grace decision is here.

In related news, the Supreme Court denied the petition for review and depublication request in Janik v. Rudy, Exelrod & Zieff, 119 Cal.App.4th 930 (2004), in which class action attorneys who recovered a $90 million judgment for their clients have been taken to task for not also bringing a UCL claim. The Supreme Court's vote was 4-2 to deny review with one Justice abstaining. My original posts on Janik are here and here.

This morning's Recorder reports on both of these developments: "Justices Take Up Online Liability, Turn Down Malpractice Case."
- posted by Kim Kralowec @ 8:36 AM