Civil Litigation,
California Supreme Court
Aug. 19, 2019
Court creates bad precedent by injecting tort principles into an inverse condemnation analysis
By injecting tort principles into an inverse condemnation analysis, a recent California Supreme Court decision presents a substantial departure from settled inverse condemnation law.
Mark S. Roth
Member
Cozen O'Connor
Email: mroth@cozen.com
Mark is a former office managing partner of the Los Angeles office of Cozen O'Connor, which he opened when he joined the firm in 1995.
The California utility industry, in the wake of the recent spate of devastating wildfires exposing them to billions of dollars of liability, has launched a two-front attack on inverse condemnation. The utilities successfully beseeched the legislature to enact Assembly Bill 1054, establishing a wildfire fund which opponents characterize as a PG&E bailout.
The California Supreme Court, in
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