'Pioneer' a Boost to Plaintiffs
As appeared in The Los Angeles Daily Journal
By Susan E. Abitanta and Robert J. Drexler Jr.
Abstract:
To hear defense counsel spin it, the California Supreme Court's unanimous decision in Pioneer Electronics minimizes all-important privacy rights to meet trivial discovery ends, yet at the same time is so narrow that it makes no difference in existing privacy law. Pioneer Electronics USA Inc. v. Superior Court, 40 Cal.4th 360 (Jan. 25, 2007)
In a similar fashion, the same voices quickly downplayed Sav-On Drug Stores Inc v. Superior Court, 34 Cal.4th 319 (2004), as an inconsequential opinion offering little help to class plaintiffs.
When viewed dispassionately, however, Pioneer greatly aids plaintiffs in class actions, because it improves counsel's access to precertification information from putative class members - witnesses with knowledge of the claims. Pioneer addresses critical discovery issues of whether plaintiffs may receive contact information for putative class members and, if so, what steps should be taken to protect their privacy rights.
Susan E. Abitanta and Robert J. Drexler Jr. are senior associates with The Quisenberry Law Firm, which specializes in employment and consumer class actions and insurance bad faith litigation.
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