Brinker Decision Likely Delayed Until April 2012
The California Supreme Court is required by court rule to issue decisions ninety days after they are submitted. The Court previously submitted the Brinker case for decision after the November 8 oral argument, which is why most expected a final ruling by early February 2012. Eariler this week, the California Supreme Court vacated the November 8 submission of the matter based on its earlier decision to allow further briefing on the issue of whether the eventual decision will operate prospectively or retroactively. The Court has now ruled that additional briefing will be completed by January 13, 2012 and the matter submitted at that time. As a result, the Court will now have until April 13 to issue its decision, assuming no additional delays. We will continue to keep you updated.