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The Thermo Company v. Luther (Cal. Ct. App. - Dec. 17, 2008)

By Shaun Martin

I wish I could give you some insight into the exciting opinions published by the Ninth Circuit and California appellate courts during 2009. But no such luck. None yet.

Nonetheless, that doesn't stop us from learing. For example, many people think there are too many "fundamental rights," including those allegedly invented by the judiciary. Those disputed fundamental rights typically involve civil liberties; e.g., rights to procreate, raise children, privacy, etc.

Here's a "fundamental right" that I didn't previously know about: the "fundamental right" to avoid having to cap an abandoned oil well even if it's been idle for a decade and is arguably an environmental and safety hazard.

I wonder if many people who think that the former group entail fundamental rights agree that the latter are equally protected. Or vice-versa.

Happy 2009!

Full post as published by California Appellate Report on January 02, 2009 (boomark / email).