KASKY v. NIKE, INC.

No. S087859.

119 Cal.Rptr.2d 296 (2002)

27 Cal.4th 939

45 P.3d 243

Marc KASKY, Plaintiff and Appellant, v. NIKE, INC., et al., Defendants and Respondents.

Supreme Court of California.

As Modified May 22, 2002.

Rehearing Denied July 31, 2002.

Certiorari Granted January 10, 2003.


Attorney(s) appearing for the Case

Law Offices of Paul R. Hoeber, Paul R. Hoeber; Bushnell, Caplan & Fielding, Alan M. Caplan, Philip Neumark, Roderick P. Bushnell, San Francisco; Milberg Weiss Bershad Hynes & Lerach, William S. Lerach, Patrick J. Coughlin, Albert H. Meyerhoff, Frank J. Janecek, Jr., and Patrick W. Daniels, San Diego, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Herschel T. Elkins and Louis Verdugo, Assistant Attorneys General, Ronald A. Reiter, Phyllis Cheng and Michele R. Van Gelderen, Deputy Attorneys General, as Amici Curiae on behalf of Plaintiff and Appellant.

Law Offices of Carroll & Scully, Charles P. Scully II and Donald C. Carroll, San Francisco, for California Labor Federation, AFL-CIO as Amicus Curiae on behalf of Plaintiff and Appellant.

Aaron Isherwood, San Francisco, for the Sierra Club, Environmental Defense and California Certified Organic Farmers as Amici Curiae on behalf of Plaintiff and Appellant.

Brobeck, Phleger & Harrison, David J. Brown, James N. Penrod and Robert P. Varian, San Francisco, for Defendants and Respondents.

Deborah J. La Fetra and Mark T. Gallagher for Pacific Legal Foundation as Amicus Curiae on behalf of Defendants and Respondents.

Cadwalader, Wickersham & Taft, Los Angeles, Steven G. Brody; Preuss Shanagher Zvoleff & Zimmer and Alan J. Lazarus, San Francisco, for Product Liability Advisory Council, Inc., as Amicus Curiae on behalf of Defendants and Respondents.

Fred J. Hiestand, Sacramento, for the Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Respondents.

Ann Brick, San Francisco, for American Civil Liberties Union of Northern California, Inc., as Amicus Curiae on behalf of Defendants and Respondents.


Certiorari Granted January 10, 2003. See 123 S.Ct. 817(2).

KENNARD, J.

Acting on behalf of the public, plaintiff brought this action seeking monetary and injunctive relief under California laws designed to curb false advertising and unfair competition. Plaintiff alleged that defendant corporation, in response to public criticism, and to induce consumers to continue to buy its products, made false statements of fact about its labor practices and about working...

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