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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Carl v. Children's Hospital, 702 A.2d 159 (1997)

Citation
Carl v. Children's Hospital, 702 A.2d 159 (1997)
Parent Document
Carl v. Children's Hospital, 702 A.2d 159 (1997)
Jurisdiction
DC (municipal)
Effective Date
1997-09-23

Other Sections in This Document (617)

Full Text

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In any event, the courts, like the legislature, rule prospectively when circumstances warrant.48 Courts can be as flexible as the legislature in announcing the impact of new judicial doctrine. Almost twenty years ago, for example, this court, sitting en banc, provided four criteria49 to govern when a new rule of law announced by the court should apply retroactively, partially retroactively to give the prevailing party the benefit of the new rule but otherwise prospectively, or purely prospectively. Judge Steadman’s “notice” rationale, therefore, is weak indeed. B.