The UCL Practitioner
Monday, March 21, 2005
Today's oral argument on Prop. 64 continued
This morning, oral argument had been scheduled in Fair Business America, LLC v. Mattel, Inc., Third Appellate District, case no. C044134. However, last Thursday, the parties filed a stipulation to dismiss the appeal, and on Friday, the Court ordered the oral argument continued to a later date not yet determined. It remains to be seen whether the Court will accept the dismissal stipulation, since I believe the appellate courts do not always do so. This development is disappointing from a Prop. 64 point of view, because this case would have allowed another District to express its views on the retroactivity issue. I am not aware of any other Third District cases in which the issue has been raised.
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