December 15, 2011

The California Supreme Court vacates submission of the cause and orders further briefing in Brinker

Last week, we noted that the Court took the somewhat unusual step of permitting the filing of a post-oral argument amicus brief in Brinker Restaurant Corp. v. Superior Court, S166350, which was argued on November 8. The brief addresses whether the Court’s imminent decision can be applied only prospectively, an issue first raised at oral argument. Yesterday, the Court set a briefing schedule for the parties to file answers to that amicus brief and any replies. To allow consideration of the further briefing, the Court also vacated submission of the cause and ordered that it be resubmitted on January 13, 2012. (See Cal. Rules of Court, rule 8.524(h)(2).) Therefore, it could be mid-April before the Court issues its decision in Brinker.

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