The UCL Practitioner
Thursday, February 03, 2005
"1st District Rejects Retroactive Use of Initiative on Tort Reform"
This morning's Daily Journal has the story, in which I am quoted: "Plaintiffs' lawyers cited an advantage to having the first opinion on [Prop. 64 retroactivity] go their way. 'On a short-term basis, there's a huge benefit for plaintiffs,' Kralowec said. 'It provides ammunition and clout for plaintiffs in other pending appeals.'" And I believe it. True, other Districts are not bound to follow CDR. However, they will not be able to avoid addressing it, and as Jim Sturdevant said in yesterday's Recorder, "It's a superb opinion, skillfully written with very tight analysis that flows directly from decades of jurisprudence from the California Supreme Court."

UPDATE: I just learned that today's Daily Journal article is only in the Los Angeles edition of the paper, and that yesterday's Daily Journal article was only in the San Francisco edition. Both articles are available online to Daily Journal subscribers. The Los Angeles Times also has a story today: "Court Says Prop. 64 Can't Stop Existing Lawsuits."
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