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From: Bill McClure
SpamBlock: orange
Date: 12/5/2006
Time: 12:24:33 PM
Remote Name: 159.83.252.234
The sixth appeallate district has now chimed in on the apportionment question of whether the Fuentes formula A for calculating apportionment is still good law. In the cases of Davis and Torres the sixth district finds in favor using Fuentes formula A. The Davis case dramatically demonstrates the importance of this issue. Using the Fuentes formula A resulted in a difference of more than $350,000 in the potential outcomes (to the employer's benefit). Ultimately the Supreme Court will resolve the current conflicting appeallate decisions on this issue.