Case Summaries
Consumer Products
[10/07]
Hi-Tech Pharm. v. Crawford
In a claim brought after government seizure of plaintiff-manufacturer/seller's dietary supplements containing ephedrine alkaloids, alleging that government did not follow correct administrative procedures, grant of summary judgment for defendant-government is affirmed where no genuine issue of material fact existed regarding the propriety of the seizure, as the parties agree that the FDA's Final Rule applies to the seized property and no other evidence is needed.
[09/26]
Hewlett-Packard Co. v. Superior Court of Santa Clara County
In an action alleging that petitioner-Hewlett Packard's Pavilions series notebook computers suffer from a manufacturing defect, petition for writ of mandate directing the trial court to vacate an order certifying a class in this action is denied where: 1) the trial court did not abuse its discretion in certifying the class in this case; 2) the principles of Daugherty v. American Honda Co., Inc., 144 Cal.App.4th 824 (2006), do not serve to undermine the community of interest required to certify a class in the present case; 3) when applied, Daugherty goes to the merits of the claim, rather the procedural question of class determination; and 4) petitioner's liability to the class overall is subject to a review by facts common to all class members, and as such, it is appropriate for class treatment.
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