October 5, 2010

The 2010 election and the new Chief Justice: How will the California Supreme Court change?

Horvitz & Levy partner Jeremy Rosen has an article in today’s Daily Journal (subscription required) noting possible areas of the law which might be affected either by the replacement of Chief Justice George with Chief Justice Cantil-Sakauye or by other changes to the court’s composition made by any appointments by our new Governor. While the vast majority of the George court’s opinions have been unanimous, which suggests that the new Chief Justice and any other new members are unlikely to change those areas of the law, there have been a number of hotly contested 4-3 decisions where Chief Justice George has been in the majority. Those areas of the law (including consumer protection/class actions, private property rights/free speech, enforcement of arbitration agreements and commercial speech) could be changed depending on how the new Chief Justice approaches those issues and depending on which members of the current court are the next to retire and who gets to replace them.

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