Labor/Employment
Apr. 27, 2012
The Brinker concurrence: when two is not enough
Writing a separate concurrence serves the function of identifying what the Court's opinion does not resolve. By John R. Giovannone of Seyfarth Shaw LLP
Rap artist Jay Dee once famously observed, "two is not enough for me, no."(J. Dilla, "Won't Do"). That rule also governs opinions of the California Supreme Court, which require a four-justice majority opinion to make law.
Yet the plaintiffs' bar seems to have put much stock in the two-justice concurrence appearing in the Court's April 12 decision in Brinker Restaurant Corp. v. Superior Court. ...
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