In an appeal from sanctions issued against an attorney for improperly soliciting opt-outs from a plaintiff class, the order is affirmed where the court’s post-certification duties and authority extend to circumstances involving the conditional certification of a class for settlement purposes.

Read the full decision in Hernandez v. Vitamin Shoppe Indus. Inc., No. A120640. [html] 

Read the full decision in Hernandez v. Vitamin Shoppe Indus. Inc., No. A120640. [pdf]

Appellate Information:

APPEAL from Marin County Superior Court, the Honorable Lynne Duryee presiding.Opinion filed on June 17, 2009

Judges:

Before Lambden, J., Kline, P.J., and Richman, J.Opinion by Lambden, J.

Counsel:

Attorneys for Plaintiffs and Appellants and for Objectors and Appellants - Jeffrey P. Spencer, Law Offices of Jeffrey P. Spencer. Jeffrey Wilens, Lakeshore Law Center. Edward J. Wynne and J.E.B. Pickett, Wynne Law Firm.

Attorneys for Defendant and Respondent - Margaret M. Grignon, John P. Zaimes, and Brian P. McKeever, Reed Smith LLP

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