February 23, 2009

California Court Bars Successive Proposition 65 Lawsuits

Arnold & Porter Advisory

Until recently, no published appellate decision had squarely answered a key question in the minds of companies that have settled Proposition 65 (Prop 65) cases with private plaintiffs: Can another private plaintiff sue for the same alleged violation? In November 2008, the California Court of Appeal issued a decision, which is now final, in Consumer Advocacy Group v. ExxonMobil Corp., providing important guidance on this issue. Under the court's reasoning, the answer is no, unless equity dictates a different result.


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