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ARTICLE · 23 NOVEMBER 2004

Passage Of Proposition 64 Provides Some Relief

Business & Professions Code Section 17200 ("Section 17200") has long served as a favored weapon in plaintiffs' arsenals and the health care industry has been one of the main targets of this statute.

United StatesAntitrust/Competition Law

Summary

Action:

California voters enacted Proposition 64, a ballot initiative that dramatically limits plaintiffs who sue businesses under California Business & Professions Code Section 17200.

Impact:

Requires that a plaintiff, among other matters, have an actual injury as a condition of bringing an action.

Effective Date:

November 3, 2004, and may likely be retroactively applied, in certain circumstances, to pending cases.

Business & Professions Code Section 17200 ("Section 17200") has long served as a favored weapon in plaintiffs' arsenals and the health care industry has been one of the main targets of this statute. See Podolsky v. First Healthcare Corp.; Dowhal v. Smith- Kline Beecham Consumer Health- care; Cruz v. PacifiCare Health Systems, Inc.

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