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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.

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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.

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