Courts Praised For Decisions On Prop. 65 Cases

It’s not every day you get a significant insurance recovery firm singing the praises of California’s justice system. Yet firms like Proskauer Rose LLP are doing just that in the wake of some judicial decisions. In a web-posted story headlined “California Judiciary, Not Governor, Leading Effort To Reign In Proposition 65 Abuse,” the firm established that “…¬†Governor Brown had called for sweeping changes to the Proposition 65 regime to reduce the potential for ‘frivolous shake-down lawsuits’ under the statute.”
 
However, the report added, “facing pressure from the plaintiffs’ bar, the Governor’s office recently released a much more modest proposal to amend Proposition 65. The proposal would expand slightly the statute’s exemption for small businesses; permit the relevant state agency greater flexibility in determining safe-exposure levels; and subject payments made in lieu of civil penalties to greater scrutiny.” But then the firm outlined leadership from the civil judiciary, including decisions on real-world testing for lead content in common foods.
 
Wait. Are we not told that the California courts are anti-business? Well, for an example of California civil decisions being pro-business check out the post here.