Thursday, October 24, 2013

"In re COMPLETE CASES"

"In re COMPLETE CASES." Now that's an odd caption, right? So Justice Beds clears up the mystery in the decision's first line:
The unusual title of this case reflects the fact it arises out of the settlement of a class action suit brought against Advanced Medical Optics, now known as Abbott Medical Optics (AMO), for allegedly making misleading statements concerning the disinfecting capabilities of the company’s “COMPLETE MoisturePLUS” multipurpose contact lens solution (the “Complete Contact Lens Solution”) in the mid-2000’s.

The decision goes on to deny appellate sanctions with this great line:

“Sanctions are serious business. They deserve more thought than the choice of a salad dressing. ‘I’ll have the sanctions, please. No, on second thought, bring me the balsamic; I’m trying to lose a few pounds.’ . . .”

Where'd that zinger come from? Oh yeah, J. Bed's own now-classic opinion in Kim v. Westmoore Partners, Inc.
(2011) 201 Cal.App.4th 267, 293.