Proposition 64 uses a cannon to kill a gnat. .... Like many ballot measures, this one fails to fully disclose the consequences. It won't stop so-called frivolous lawsuits. There will still be unscrupulous law firms who'll send threatening letters to small businesses. Also, Proposition 64 does nothing to stop large jury settlements, because under 17200, only a judge decides the case, not a jury and under 17200, plaintiffs cannot ask for damages but rather injunctive relief, which means stopping the illegal practice. Sometimes restitution can be ordered to be paid to the harmed.

- posted by Kim Kralowec @ 1:30 PM