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8 California opinions name it 2 courts 1970–2023 5 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
United Mine Workers v. Illinois State Bar Ass'ngreen2 sentences1985(Mine Workers v. Illinois Bar Assn., supra, 389 U.S. at p. 222 [19 L.Ed.2d at pp. 430-431].) If the statute also restricted the use of contingent fees by defendants, it would still be vulnerable to a challenge. 1985However, it may be argued that the limit in Walters was enacted to protect veterans from overreaching when they are dealing with a government agency, the Veteran's Administration, which has as its very purpose the advancement of veterans' interests. [8] The majority place particular reliance on Calhoun v. Massie (1920) 253 U.S. 170 [ 64 L.Ed. 843 , 40 S.Ct. 474 ], in which the Supreme Court concluded that "[t]he constitutionality of [attorney fee regulation] ... resembling in its nature the exercise of the police power, has long been settled." ( Id., at p. 174 [ 64 L.Ed. at p. 846 ], quoted by | 1 | 1 |
Hubbard v. Matson Navigation Co.green2 sentences1970Co. (1939) 34 Cal.App.2d 475, 477 [ 93 P.2d 846 ]; American Fruit Distributors v. Hines, supra, 55 Cal.App. 377, 386 .) Those pronouncements have even more compelling force in view of the recently articulated doctrine that exculpatory provisions in contracts affecting the “public interest” are invalid. 1970Co. (1939) 34 Cal.App.2d 475, 477 [ 93 P.2d 846 ]; American Fruit Distributors v. Hines, supra, 55 Cal.App. 377, 386 .) Those pronouncements have even more compelling force in view of the recently articulated doctrine that exculpatory provisions in contracts affecting the “public interest” are invalid. | 1 | 1 |
Tunkl v. Regents of University of Californiagreen2 sentences1970(Tunkl v. University of Cal. (1963) 60 Cal.2d 92, 96 [ 32 Cal.Rptr. 33 , 383 P.2d 441 , 6 A.L.R.3d 693 ].) Section 2175 of the Civil Code expressly preserves the common law prohibition against contractual exoneration of a common carrier from liability with respect to gross negligence. 1970(Tunkl v. University of Cal. (1963) 60 Cal.2d 92, 96 [ 32 Cal.Rptr. 33 , 383 P.2d 441 , 6 A.L.R.3d 693 ].) Section 2175 of the Civil Code expressly preserves the common law prohibition against contractual exoneration of a common carrier from liability with respect to gross negligence. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Dunn
red
2 sentences2023(Dunn, supra, 81 Cal.App.5th at pp. 409–410.) We apply that standard: “The reviewing court determines (1)(a) beyond a reasonable doubt whether the jury would have found one aggravating circumstance true beyond a reasonable doubt[6] and (1)(b) whether there is a reasonable probability that the jury would have found any remaining aggravating circumstance(s) true beyond a reasonable doubt. 2022This court recently articulated a standard for harmless error in the Senate Bill No. 567 context in People v. Dunn (2022) 81 Cal.App.5th 394 (Dunn): “The reviewing court determines (1)(a) beyond a reasonable doubt whether the jury would have found one aggravating circumstance true beyond a reasonable doubt[7] and (1)(b) whether there is a reasonable probability that the jury would have found any remaining aggravating circumstance(s) true beyond a reasonable doubt. | 5 | 2022–2023 |
People v. Wims
red
2 sentences1995Nevertheless, applying the recently articulated test of harmless error in People v. Wims (1995) 10 Cal.4th 293 [ 41 Cal.Rptr.2d 241 , 895 P.2d 77 ], we conclude that reversal for a new trial on the enhancements is not here required. *685 Anthony Franel Winslow appeals following his conviction by jury of residential burglary (Pen. 1995Nevertheless, applying the recently articulated test of harmless error in People v. Wims (1995) 10 Cal.4th 293 [ 41 Cal.Rptr.2d 241 , 895 P.2d 77 ], we conclude that reversal for a new trial on the enhancements is not here required. *685 Anthony Franel Winslow appeals following his conviction by jury of residential burglary (Pen. | 1 | 1995–1995 |
Calhoun v. Massie
green
2 sentences1985The majority place particular reliance on Calhoun v. Massie (1920) 253 U.S. 170 [ 64 L.Ed. 843 , 40 S.Ct. 474 ], in which the Supreme Court concluded that “[t]he constitutionality of [attorney fee regulation] . . . resembling in its nature the exercise of the police power, has long been settled.” (Id., at p. 174 [ 64 L.Ed. at p. 846 ], quoted by the majority, ante, at p. 927.) In relying on this line of reasoning, the majority ignore the more recently articulated principle that laws which actually affect the exercise of First Amendment freedoms cannot be sustained merely because they deal with 1985The majority place particular reliance on Calhoun v. Massie (1920) 253 U.S. 170 [ 64 L.Ed. 843 , 40 S.Ct. 474 ], in which the Supreme Court concluded that “[t]he constitutionality of [attorney fee regulation] . . . resembling in its nature the exercise of the police power, has long been settled.” (Id., at p. 174 [ 64 L.Ed. at p. 846 ], quoted by the majority, ante, at p. 927.) In relying on this line of reasoning, the majority ignore the more recently articulated principle that laws which actually affect the exercise of First Amendment freedoms cannot be sustained merely because they deal with | 1 | 1985–1985 |
American Fruit Distributors v. Hines
green
1 sentence1970Co. (1939) 34 Cal.App.2d 475, 477 [ 93 P.2d 846 ]; American Fruit Distributors v. Hines, supra, 55 Cal.App. 377, 386 .) Those pronouncements have even more compelling force in view of the recently articulated doctrine that exculpatory provisions in contracts affecting the “public interest” are invalid. | 1 | 1970–1970 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.