Legal Definitions - selective prospectivity

Selective prospectivity refers to a very specific and rare decision by a court when it announces a new rule of law. In such a situation, the court chooses to apply this new rule only to the particular case that is currently before it and in which the new rule is being established. However, for all other similar cases that are either ongoing (pending) or involve events that happened before the new rule was announced, the court will continue to apply the old rule that was in effect previously. This approach is a limited way of introducing a new legal principle without broadly disrupting existing legal matters.

• Example 1: Criminal Procedure Reform

  Imagine a state's highest court hears a case challenging the constitutionality of a specific police interrogation technique. The court rules that this technique violates a suspect's rights and establishes a new, stricter standard for police conduct during interrogations. The court applies this new standard to the defendant in the case before them, leading to the defendant's conviction being overturned. However, to prevent a flood of appeals from other defendants whose interrogations occurred under the old, less strict standard, the court declares that this new rule will not apply to any other cases currently pending or to any interrogations that took place before the date of this ruling. Those other cases will still be judged by the old, established rules.

  How this illustrates selective prospectivity: The new, stricter interrogation standard is applied to the specific defendant whose case led to its creation. However, it is selectively prospective because it is explicitly withheld from other similar cases that occurred before the ruling, which continue to be governed by the old legal standard.

• Example 2: Contract Interpretation in Business Disputes

  Consider a state supreme court reinterpreting a common clause in commercial contracts regarding "unforeseen circumstances" (often called force majeure). A business sues its supplier, arguing that a recent, unusual natural disaster should excuse it from contractual obligations under a broader reading of the clause. The court agrees with the business, announcing a new, more expansive interpretation of what constitutes an excusable unforeseen circumstance. This new interpretation is applied to the specific contract dispute before the court. However, recognizing that this new interpretation could invalidate or drastically alter thousands of existing commercial agreements, the court specifies that this new reading will not apply to any other contracts signed before this ruling, even if disputes over those contracts are currently in litigation. Those other contracts will continue to be interpreted under the old, narrower understanding of the clause.

  How this illustrates selective prospectivity: The new, broader interpretation of the "unforeseen circumstances" clause is applied to the specific business dispute that brought the issue to the court. Yet, it is selectively prospective because all other existing contracts or pending disputes from before the ruling date are still governed by the old, narrower interpretation.

• Example 3: Property Rights and Environmental Regulations

  A court hears a case where a property owner challenges a long-standing local ordinance that allows a certain type of industrial runoff into a nearby waterway, arguing it infringes on their property rights due to pollution. The court, after reviewing new scientific evidence, agrees and rules that the ordinance is unconstitutional, establishing a new, stricter standard for industrial discharge permits. This new standard is applied to the specific industrial facility and property owner involved in the lawsuit. However, to avoid immediate economic disruption to other industries operating under the old permits and to allow time for new regulations to be drafted, the court declares that this new standard will not apply to other existing permits or to any enforcement actions related to discharges that occurred before this specific ruling. Those other cases will continue to be evaluated under the old ordinance.

  How this illustrates selective prospectivity: The new, stricter standard for industrial discharge is applied to the specific facility and property owner in the case that led to its creation. However, it is selectively prospective because other facilities operating under old permits or facing pre-existing enforcement actions are still judged by the old ordinance.