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Quote of the Day - I was never ruined but twice: once when I lost a lawsuit, and once when I won one. - Voltaire
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Prop 65 Suit Stopped Cold For Procedure Violation

Lawyers tend to get excited about small details in their practice area. This is one of those. You may be familiar with Proposition 65. It's that proposition-now-statute that requires those signs on buildings and other locations in California where cancer-causing and reproductive-harming chemicals may reside.

Oh. You ignore the signs? So do the rest of us, I guess. I have yet to run into anyone who refuses to go into a building because of the sign or chemicals. They're everywhere.

Anyway, back to the point. In an opinion out of our First Appellate District, comes this: Plaintiffs who sue under Prop 65 must file a certificate of merit before filing suit. (See California Health & Safety Code section 25249.7(d)(1), about one screen down).

Seems like Mr. DiPirro (our erstwhile plaintiff in the opinion above) didn't do that. He filed the Certificate after filing suit.

The Court said no go, and stopped the lawsuit from moving forward. It recognized that the legislature passed the additional requirement in order to stop frivolous lawsuits.

Chalk one up for business.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Friday, June 25, 2004 at 10:46 Comments Closed (0) |
 
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