jmcnairy@boutinjones.com

James McNairy

About James McNairy

When I am not working hard on behalf of clients, you will find me enjoying time with my family or in the mountains near water, ideally on a remote trout stream in the Sierra Nevada.
22 03, 2020

CCPA Blog Series: Post No. 2—Consumer Rights Under the CCPA

2020-03-22T20:07:08+00:00March 22nd, 2020|Litigation Articles|

In our first post on the CCPA, we provided an overview of the CCPA and its many impacts on businesses. In this post, we’ll focus on one of the most important aspects of the CCPA—the new rights it vests in consumers. Not only do these rights allow consumers to have more control over the information businesses collect about them, but these Continue Reading

12 02, 2020

Show Me the Money! –Ninth Circuit Clarifies CAFA Standards

2020-02-18T21:17:53+00:00February 12th, 2020|Litigation Articles|

In Arias v. Residence Inn by Marriott, the Ninth Circuit clarified and reiterated standards related to the removal of an action to federal court under the Class Action Fairness Act (“CAFA”) — namely, what a defendant must show to meet the CAFA amount in controversy requirement and how a district court may respond to a notice of removal.

When removing based on Continue Reading

7 02, 2020

CCPA Blog Series: Post No. 1—Introducing the CCPA

2020-02-18T21:16:15+00:00February 7th, 2020|Litigation Articles|

The CCPA is a hot topic among California businesses, but you may be wondering exactly what it is or how it may affect you and your business. We have your answers. This is the first post in a series of blogs about the CCPA and how it is changing the legal landscape related to data privacy in California and beyond.

What is Continue Reading

19 12, 2019

Good For the Goose and Gander: Is California’s Ban on Non-Competes Limited to Employment Contracts?

2020-02-07T19:37:42+00:00December 19th, 2019|Litigation Articles|

So-called “non-compete” agreements have been banned under California Business and Professions Code section 16600 for many years, predominantly in the employer and employee context. After differing interpretations of Section 16600 arose between state and federal courts in California, in 2008, the California Supreme Court ruled that any contractual restraint on one’s ability to engage in a lawful profession, trade, or business Continue Reading

14 10, 2019

California Supreme Court Deflates Ascertainability Requirement for Class Certification

2019-12-18T20:57:49+00:00October 14th, 2019|Litigation Articles|

Recently, in Noel v. Thrifty Payless, Inc., the California Supreme Court relaxed the ascertainability requirement for class certification in a significant ruling for class action plaintiffs.

In Noel, a consumer filed a putative class action under California unfair competition and false advertising laws alleging that a $59.99 Rite Aid inflatable outdoor pool was much smaller than advertised.  (The lawsuit alleged that the Continue Reading

14 10, 2019

California Supreme Court Deflates Ascertainability Requirement for Class Certification

2019-12-18T20:57:49+00:00October 14th, 2019|Litigation Articles|

Recently, in Noel v. Thrifty Payless, Inc., the California Supreme Court relaxed the ascertainability requirement for class certification in a significant ruling for class action plaintiffs.

In Noel, a consumer filed a putative class action under California unfair competition and false advertising laws alleging that a $59.99 Rite Aid inflatable outdoor pool was much smaller than advertised.  (The lawsuit alleged that the Continue Reading