The UCL Practitioner
Monday, July 12, 2004
A federal district judge in Massachusetts gets it right
Exactly two months ago today, a district judge in Massachusetts had this to say about the UCL:
As interpreted by the California Supreme Court, the scope of this statute is broad: "The statutory language referring to 'any unlawful, unfair or fraudulent' practice makes clear that a practice may be deemed unfair even if not specifically proscribed by some other law." Cel-Tech Communications, Inc. v. Los Angeles Cellular Tel. Co., 20 Cal.4th 163, 180, 83 Cal.Rptr.2d 548, 973 P.2d 527 (1999). The end payor plaintiffs thus may assert that [the defendant's] conduct, even if permissible under [other applicable laws], is actionable under the unfair competition statute. See Motors, Inc. v. Times Mirror Co., 102 Cal.App.3d 735, 741, 162 Cal.Rptr. 543 (1980) (concluding that the plaintiff adequately stated a claim of unfair competition even though it had not alleged "any agreement, understanding, or conspiracy to restrain trade").
In re Relafen Antitrust Litig., 221 F.R.D. 260, 263 (D. Mass. May 12, 2004).
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