The Supreme Court heard oral argument in Pioneer Electronics v. Superior Court on December 5, 2006. The case includes the following issue:
In a putative class action, would the privacy rights of potential class members be violated by a pre-certification letter to be sent to those potential class members who had complained to defendant regarding the alleged defect upon which the action is based, when the letter states that failure to respond to the letter will be treated as consent to disclose the identity of the potential class member to plaintiffs' counsel for the purpose of this action?
Rather than recount what others have told us about their observations, we'll just refer you to a couple of posts at the UCL Practitioner. We're expecting good news for employees' attorneys in this opinion, but we've been surprised before, and we'll be surprised again.
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