Is a judicial decision retroactively retroactive when a settled rule is changed?

California, United States of America


The following excerpt is from Williams & Fickett v. Cnty. of Fresno, 2 Cal.5th 1258, 218 Cal.Rptr.3d 362, 395 P.3d 247 (Cal. 2017):

" Although as a general rule judicial decisions are to be given retroactive effect [citation], there is a recognized exception when a judicial decision changes a settled rule on which the parties below have relied. [Citations.] "[C]onsiderations of fairness and public policy may require that a decision be given only prospective application. [Citations.] Particular considerations relevant to the retroactivity determination include the reasonableness of the parties' reliance on the former rule, the nature of the change as substantive or procedural, retroactivity's effect on the administration of justice, and the purposes to be served by the new rule." " (Claxton v. Waters (2004) 34 Cal.4th 367, 378-379, 18 Cal.Rptr.3d 246, 96 P.3d 496.)

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