California Supreme Court,
Civil Litigation
Jul. 29, 2021
State Supreme Court belatedly recognizes that 19th century statute of limitations decision lacks precedential value
In a recent ruling, the California Supreme Court analyzed how stare decisis applies to a 19th century decision with questionable precedential value.
Scott P. Dixler
Attorney
Horvitz & Levy LLP
Email: sdixler@horvitzlevy.com
Scott has significant experience working as appellate and trial counsel to defend public entities, employers, premises owners, financial services entities and others in matters involving catastrophic injuries, class actions, business torts, intellectual property, contracts, securities, antitrust and discrimination claims.
The California Supreme Court generally follows its prior decisions unless there is a compelling reason not to do so. This principle, called stare decisis, promotes predictability and stability in the law. Indeed, the California Supreme Court has echoed Justice Louis Brandeis' maxim that "in most matters it is more important that the applicable rule of law be settled than that it be settled right." In $95
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