The UCL Practitioner
Wednesday, January 05, 2005
More on Krumme
Defendant Mercury Insurance Corp. filed a reply to the answer to its petition for review in the Krumme case yesterday. Thanks to counsel for Mercury for sending it to me. This brief is also excellent. It will be interesting to see whether the Supreme Court takes this case. One the one hand, counsel for Mr. Krumme is right to point out that the Prop. 64 retroactivity issue is poorly framed from a procedural standpoint in this particular case. On the other hand, as a third-party bystander (who also represents plaintiffs), I think this case could be a very good vehicle for addressing the issue, since the case is obviously meritorious—clearly not a so-called "shakedown" suit of the kind made infamous by a handful of former lawyers from down South—and both parties are represented by very competent counsel who can be expected to file excellent and thorough briefs. But from the standpoint of appellate procedure, the Virtual Media review petition presents a better opportunity for the Supreme Court to act.
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