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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 1639

Citation
Section 1639
Parent Document
Tippett v. Daly, 10 A.3d 1123 (2010)
Jurisdiction
DC (municipal)
Effective Date
2010-12-30

Other Sections in This Document (168)

Full Text

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The Council may have clarified TOPA for the future, but it did not purport to enact legislation that would govern this case. Given the absence of clearly expressed intent to the contrary, we presume that the amendment does not apply retroactively. See Landgraf v. USI Film Products, 511 U.S. 244, 265, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994) (“If the statute would operate retroactively, our traditional presumption teaches that it does not govern absent clear congressional intent favoring such a result.”). In fact, at oral argument, the tenant’s counsel assured us that the amendment operates prospectively only.