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Focus (Forum & Focus)

Feb. 3, 2009

Saving Face

Legislative action can throw a monkey wrench into a pending civil action, write Margaret Grignon and Margie Estrada. - Focus Column

FOCUS COLUMN

By Margaret Grignon and Margie Estrada

Although it doesn't happen often, sometimes legislative action can throw a monkey wrench into a pending civil action. This is particularly the case where a legislature, in midstream, amends or repeals a statute on which a plaintiff's statutory action is based. If such legislative action effectively repeals the statutory basis for the plaintiff's lawsuit, the action may be deemed abated or termin...

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