Law Practice,
Appellate Practice
Aug. 9, 2023
Retroactivity of appellate court decisions: The truth is out there
Is the “truth” revealed in an appellate court decision always applied retroactively? No. Courts refuse to apply decisions retroactively “[w]hen considerations of fairness and public policy are so compelling in a particular case that, on balance, they outweigh the considerations that underlie the basic rule.”
David M. Axelrad
Partner
Horvitz & Levy LLP
Email: daxelrad@horvitzlevy.com
UC Hastings COL; San Francisco CA
Appellate court decisions are presumed to be statements of what the law has always been. (E.g., Newman v. Emerson Radio Corp. (1989) 48 Cal.3d 973, 979 (Newman) [“ ‘[J]udges do not create, but instead find the law. A decision interpreting the law, therefore, does no more than declare what the law had always been.’ ”]. ) Moreover, since “the truth is out there” waiting to be discovered,“ ‘ “[t]he general rule [is...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In