Neways defeats repeated efforts to obtain class certification in unfair competition and breach of contract case
Clients Neways, Incorporated
In a putative class action alleging violations of unfair competition law, breach of contract, and fraud, Jones Day obtained on behalf of Neways, Inc., a Court of Appeal opinion affirming the trial court order denying class certification. When the plaintiffs nevertheless sought to pursue a class action thereafter, Jones Day defeated their efforts in the trial court and successfully challenged their attempt under California's "death knell" doctrine to again appeal the denial of class certification. The Court of Appeal unanimously dismissed the appeal for lack of jurisdiction without scheduling oral argument, and the California Supreme Court denied review.
Seastrom, et. al. v. Neways, et. al., 149 Cal.App.4th 1496, 57 Cal.Rptr.3d 903; Seastrom v. Neways, Inc., No. D052301 (Cal. Ct. App. 2008).