New federal order on Prop. 64
Several people sent me a copy of Environmental Protection Information Center v. United States Fish & Wildlife Service, 2005 U.S. Dist. LEXIS 7200 (N.D. Cal. case no. 3:04-cv-04647 CRB) (order dated 04/22/05), in which Judge Breyer holds that Prop. 64 applies to pending cases. On page 8 of the slip opinion (page *16 of the Lexis version), he mentions an "unpublished opinion" in which "another California court suggested that the California Supreme Court applied the presumption against retroactive application to a statutory repeal in Myers v. Philip Morris Cos., Inc., 28 Cal.4th 828, 239-48 (2002), and therefore, the presumption applies to Proposition 64." I'm very curious to know whether this is a reference to the unpublished Foundation Aiding the Elderly opinion. One reader informed me that "[n]either party provided any citations to unpublished cases, so Judge Breyer came up with that one on his own." I should have a copy of the order up online by tomorrow. UPDATE: The order is now accessible here.
- posted by Kim Kralowec @ 9:10 AM