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vicarious liability

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Maybe JTH Tax Decision Was Not the End of the Inquiry: District Court (Cal.) Finds No UCL Claim Stated for the Act of Another Absent Direct Involvement

by Scott J. Hyman |

The California Court of Appeal in People v. JTH Tax, Inc. held that vicarious liability could be imposed under the UCL. However, in  Herron v. Best Buy Co. Inc., 2013 WL 595474 (E.D.Cal. 2013), Judge Burrell found that a UCL claim could not be stated against a computer manufacturer for the misrepresentations of the seller.  Toshiba seeks dismissal of all… Read More

Court of Appeal (Cal.) Disagrees with Decades-old Rule that Vicarious Liability Does Not Apply to California’s UCL

by Scott J. Hyman |

In People v. JTH Tax, Inc., --- Cal.Rptr.3d ----, 2013 WL 177140 (Cal.App. 1 Dist.), the Court of Appeal for the First District disagreed with a seemingly well-settled, decades-old rule that the doctrine of vicarious liability did not apply to California’s Unfair Competition Law.  The facts were as follows: Defendant JTH Tax, Inc., doing business as Liberty Tax Service (Liberty),… Read More