"Prop 64 victory makes finding a plaintiff crucial"
This morning's Recorder has the story, which reports that defense motions to dismiss have already started to be filed based on Proposition 64. The article also quotes Lerach Coughlin partner Reid Kathrein, who "hopes that an unintended consequence of Prop 64 may be to ease the [class] certification process. 'The courts may be more likely to certify them ... if the alternative is not granting any relief,' he said." That's a very interesting thought. The Daily Journal also has a piece by a defense attorney, "Toss Suits Affected by Proposition 64," which asserts without any real analysis that the amendments will apply retroactively to all pending cases. It also points out that the California Constitution, Article II, sec. 10(a) states that initiative measures take effect the day after the election.
- posted by Kim Kralowec @ 9:16 AM