The UCL Practitioner
Wednesday, April 13, 2005
New pending appeal involving Prop. 64 retroactivity: Privacy Rights Clearinghouse v. JetBlue
I have been informed of another pending appeal in which the Prop. 64 retroactivity issue has reportedly been raised:
On 4/8/05, in Privacy Rights Clearinghouse et al. v. Jetblue Airways Corporation et al., Fourth District Court of Appeal, Division 1, Case Number D045568, JetBlue moved to dismiss the appeal based on Proposition 64. The trial court sustained a demurrer without leave to amend holding that the plaintiffs' UCL claims were preempted by the Airline Deregulation Act. Plaintiffs appealed and their opening brief was "due" 4/11/05. Jetblue moved to dismiss the appeal and plaintiffs' response to the dismissal motion is due 4/25/05.
(Hyperlink added.) Thank you to the reader who forwarded that information. The Prop. 64 retroactivity issue has been essentially resolved within the Fourth District, so this case is unlikely to make new law unless it's procedurally distinctive in some way that's not apparent from the docket. Nonetheless, the case has been added to my list of pending Prop. 64 appeals.
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