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20 California opinions name it 3 courts 1909–2021 1 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 |
|---|---|---|
Lescs v. Dow Chemical Co.green2 sentences2004(See Haddix v. Playtex Family Products Corp. (7th Cir.1998) 138 F.3d 681, 686 [tampons came within Illinois rule for "simple products," and were not unreasonably dangerous given specificity of warnings and plaintiff's admission that she read them]; Lescs v. Dow Chemical Co. (W.D.Va.1997) 976 F.Supp. 393, 399 [federal labeling act preempted claim under Virginia law that insecticide was defective under consumer expectations theory].) Defendant's second argument concerning package warnings is that plaintiff's supposed failure to heed warnings precludes, as a matter of law, a finding that any defe 2003(See Haddix v. Playtex Family Products Corp. (7th Cir.1998) 138 F.3d 681, 686 [tampons came within Illinois rule for "simple products," and were not unreasonably dangerous given specificity of warnings and plaintiffs admission that she read them]; Lescs v. Dow Chemical Co. (W.D.Va.1997) 976 F.Supp. 393, 399 [federal labeling act preempted claim under Virginia law that insecticide was defective under consumer expectations theory].) Defendant's second argument concerning package warnings is that plaintiffs supposed failure to heed warnings precludes, as a matter of law, a finding that any defect | 2 | 2 |
prod.liab.rep. (Cch) P 15,173 Martha Haddix v. Playtex Family Products Corporationgreen2 sentences2004(See Haddix v. Playtex Family Products Corp. (7th Cir.1998) 138 F.3d 681, 686 [tampons came within Illinois rule for "simple products," and were not unreasonably dangerous given specificity of warnings and plaintiff's admission that she read them]; Lescs v. Dow Chemical Co. (W.D.Va.1997) 976 F.Supp. 393, 399 [federal labeling act preempted claim under Virginia law that insecticide was defective under consumer expectations theory].) Defendant's second argument concerning package warnings is that plaintiff's supposed failure to heed warnings precludes, as a matter of law, a finding that any defe 2003(See Haddix v. Playtex Family Products Corp. (7th Cir.1998) 138 F.3d 681, 686 [tampons came within Illinois rule for "simple products," and were not unreasonably dangerous given specificity of warnings and plaintiffs admission that she read them]; Lescs v. Dow Chemical Co. (W.D.Va.1997) 976 F.Supp. 393, 399 [federal labeling act preempted claim under Virginia law that insecticide was defective under consumer expectations theory].) Defendant's second argument concerning package warnings is that plaintiffs supposed failure to heed warnings precludes, as a matter of law, a finding that any defect | 2 | 2 |
Calder v. Jonesgreen2 sentences2002(See, e.g., Calder, supra, 465 U.S. 783, 789-790 , 104 S.Ct. 1482 , 79 L.Ed.2d 804 [significant California circulation of nationwide newspaper supports California defamation suit by California resident against Florida residents who wrote and edited defamatory article]; Keeton, supra, 465 U.S. 770, 773-780 , 104 S.Ct. 1473 , 79 L.Ed.2d 790 [significant regular circulation of nationwide magazine in New Hampshire supports New Hampshire defamation suit against magazine by well-known New York resident]; Panavision, supra, 141 F.3d 1316, 1319-1322 [California suit proper where Illinois defendant reg 2002(See, e.g., Calder, supra, 465 U.S. 783, 789-790 , 104 S.Ct. 1482 , 79 L.Ed.2d 804 [significant California circulation of nationwide newspaper supports California defamation suit by California resident against Florida residents who wrote and edited defamatory article]; Keeton, supra, 465 U.S. 770, 773-780 , 104 S.Ct. 1473 , 79 L.Ed.2d 790 [significant regular circulation of nationwide magazine in New Hampshire supports New Hampshire defamation suit against magazine by well-known New York resident]; Panavision, supra, 141 F.3d 1316, 1319-1322 [California suit proper where Illinois defendant reg | 1 | 2 |
Kamp v. Johnsongreen2 sentences1952(American Optical Co. v. Nudelman, 370 Ill. 627 [ 19 N.E.2d 582 ].) California specifically refused to follow the Illinois rule in Kamp v. Johnson, 15 Cal.2d 187 . 190 [ 99 P.2d 274 ], For reasons already stated, we believe that the classification in rule 11 is valid. 1952(American Optical Co. v. Nudelman, 370 Ill. 627 [ 19 N.E.2d 582 ].) California specifically refused to follow the Illinois rule in Kamp v. Johnson, 15 Cal.2d 187 . 190 [ 99 P.2d 274 ], For reasons already stated, we believe that the classification in rule 11 is valid. | 1 | 2 |
Compuserve, Incorporated v. Richard S. Patterson, Individually, and Flashpoint Developmentgreen2 sentences2002Baltimore Football (7th Cir.1994) 34 F.3d 410 , 411-412 ( Indianapolis Colts, Inc. ) [in Indiana trademark infringement suit by former Baltimore (now Indianapolis) Colts of National *352 Football League against Baltimore CFL Colts of Canadian Football League, defendant established minimum contacts with Indiana, among other ways, through nationwide cable telecasts of football games]; cf., e.g., CompuServe, Inc. v. Patterson (6th Cir.1996) 89 F.3d 1257, 1262-1267 [Ohio declaratory relief action by Ohio-based Internet service provider is proper where Texas defendant transmitted "trademarked" soft 2002Baltimore Football (7th Cir. 1994) 34 F.3d 410 , 411-412 (Indianapolis Colts, Inc.) [in Indiana trademark infringement suit by former Baltimore (now Indianapolis) Colts of National Football League against Baltimore CFL Colts of Canadian Football League, defendant established minimum contacts with Indiana, among other ways, through nationwide cable telecasts of football games]; cf., e.g., CompuServe, Inc. v. Patterson (6th Cir. 1996) 89 F.3d 1257, 1262-1267 [Ohio declaratory relief action by Ohio-based Internet service provider is proper where Texas defendant transmitted “trademarked” software | 1 | 1 |
Panavision International, L.P., a Delaware Limited Partnership v. Dennis Toeppen Network Solutions, Inc., a District of Columbia Corporationgreen2 sentences2002(See, e.g., Calder, supra, 465 U.S. 783, 789-790 , 104 S.Ct. 1482 , 79 L.Ed.2d 804 [significant California circulation of nationwide newspaper supports California defamation suit by California resident against Florida residents who wrote and edited defamatory article]; Keeton, supra, 465 U.S. 770, 773-780 , 104 S.Ct. 1473 , 79 L.Ed.2d 790 [significant regular circulation of nationwide magazine in New Hampshire supports New Hampshire defamation suit against magazine by well-known New York resident]; Panavision, supra, 141 F.3d 1316, 1319-1322 [California suit proper where Illinois defendant reg 2002(See, e.g., Calder, supra, 465 U.S. 783, 789-790 , 104 S.Ct. 1482 , 79 L.Ed.2d 804 [significant California circulation of nationwide newspaper supports California defamation suit by California resident against Florida residents who wrote and edited defamatory article]; Keeton, supra, 465 U.S. 770, 773-780 , 104 S.Ct. 1473 , 79 L.Ed.2d 790 [significant regular circulation of nationwide magazine in New Hampshire supports New Hampshire defamation suit against magazine by well-known New York resident]; Panavision, supra, 141 F.3d 1316, 1319-1322 [California suit proper where Illinois defendant reg | 1 | 1 |
Bancroft & Masters, Inc., a California Corporation v. Augusta National Inc., a Georgia Corporationgreen2 sentences2002Baltimore Football (7th Cir.1994) 34 F.3d 410 , 411-412 ( Indianapolis Colts, Inc. ) [in Indiana trademark infringement suit by former Baltimore (now Indianapolis) Colts of National *352 Football League against Baltimore CFL Colts of Canadian Football League, defendant established minimum contacts with Indiana, among other ways, through nationwide cable telecasts of football games]; cf., e.g., CompuServe, Inc. v. Patterson (6th Cir.1996) 89 F.3d 1257, 1262-1267 [Ohio declaratory relief action by Ohio-based Internet service provider is proper where Texas defendant transmitted "trademarked" soft 2002Baltimore Football (7th Cir.1994) 34 F.3d 410 , 411-412 ( Indianapolis Colts, Inc. ) [in Indiana trademark infringement suit by former Baltimore (now Indianapolis) Colts of National *352 Football League against Baltimore CFL Colts of Canadian Football League, defendant established minimum contacts with Indiana, among other ways, through nationwide cable telecasts of football games]; cf., e.g., CompuServe, Inc. v. Patterson (6th Cir.1996) 89 F.3d 1257, 1262-1267 [Ohio declaratory relief action by Ohio-based Internet service provider is proper where Texas defendant transmitted "trademarked" soft | 1 | 1 |
Keeton v. Hustler Magazine, Inc.green2 sentences2002(See, e.g., Calder, supra, 465 U.S. 783, 789-790 , 104 S.Ct. 1482 , 79 L.Ed.2d 804 [significant California circulation of nationwide newspaper supports California defamation suit by California resident against Florida residents who wrote and edited defamatory article]; Keeton, supra, 465 U.S. 770, 773-780 , 104 S.Ct. 1473 , 79 L.Ed.2d 790 [significant regular circulation of nationwide magazine in New Hampshire supports New Hampshire defamation suit against magazine by well-known New York resident]; Panavision, supra, 141 F.3d 1316, 1319-1322 [California suit proper where Illinois defendant reg 2002(See, e.g., Calder, supra, 465 U.S. 783, 789-790 , 104 S.Ct. 1482 , 79 L.Ed.2d 804 [significant California circulation of nationwide newspaper supports California defamation suit by California resident against Florida residents who wrote and edited defamatory article]; Keeton, supra, 465 U.S. 770, 773-780 , 104 S.Ct. 1473 , 79 L.Ed.2d 790 [significant regular circulation of nationwide magazine in New Hampshire supports New Hampshire defamation suit against magazine by well-known New York resident]; Panavision, supra, 141 F.3d 1316, 1319-1322 [California suit proper where Illinois defendant reg | 1 | 1 |
Pioneer Trust & Savings Bank v. Village of Mount Prospectgreen2 sentences1990At one extreme, the older Illinois rule `permits an exaction only if the "need" for the facility being financed is "specifically and uniquely attributable" to the subdivider's development.' Ellickson, Suburban Growth Controls: An Economic and Legal Analysis, 86 Yale L.J. 385 , 481-82 (1977); Pioneer Trust & Savings Bank v. Village of Mount Prospect, 22 Ill.2d 375 , 176 N.E.2d 799 802 (1961). 1990At one extreme, the older Illinois rule `permits an exaction only if the "need" for the facility being financed is "specifically and uniquely attributable" to the subdivider's development.' Ellickson, Suburban Growth Controls: An Economic and Legal Analysis, 86 Yale L.J. 385 , 481-82 (1977); Pioneer Trust & Savings Bank v. Village of Mount Prospect, 22 Ill.2d 375 , 176 N.E.2d 799 802 (1961). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Plote, Inc. v. Minnesota Alden Co.yellow2 sentences1990But see Plote, Inc. v. Minnesota Alden Co., 96 Ill.App.3d 1001 , 422 N.E.2d 231, 235-36 , 52 Ill.Dec. 550, 554-55 (1981). 1990But see Plote, Inc. v. Minnesota Alden Co., 96 Ill.App.3d 1001 , 422 N.E.2d 231, 235-36 , 52 Ill.Dec. 550, 554-55 (1981). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
People v. Linton
green
2 sentences2013So the plurality’s state-law-first approach would be an about-face.” (Id. at p. ____ [132 S.Ct. at p. 2272], citations omitted.) 5 The same is true of People v. Linton (2013) 56 Cal.4th 1146 , 1199- 1200, which respondent cites in a supplemental brief while conceding that it “did not involve a confrontation clause challenge to an expert’s reliance on hearsay.” I find the case remarkable chiefly for its refusal to allow a capital defendant to exploit the same loophole in the hearsay rule that the prosecutor exploited here, and that prosecutors around the state have routinely exploited to introd 2013So the plurality’s state-law-first approach would be an about-face.” (Id. at p. ____ [132 S.Ct. at p. 2272], citations omitted.) 5 The same is true of People v. Linton (2013) 56 Cal.4th 1146 , 1199- 1200, which respondent cites in a supplemental brief while conceding that it “did not involve a confrontation clause challenge to an expert’s reliance on hearsay.” I find the case remarkable chiefly for its refusal to allow a capital defendant to exploit the same loophole in the hearsay rule that the prosecutor exploited here, and that prosecutors around the state have routinely exploited to introd | 2 | 2013–2013 |
Bituminous Casualty Corporation, an Illinois Corporation v. Hartford Accident and Indemnity Company, a Foreign Corporation
neutral
2 sentences1969Co. (7th Cir. 1964) 330 F.2d 96, 98 .) The Illinois rule is similar to the tests suggested by Professor Prosser in determining the existence of cause in fact in a negligence case, namely, whether the defendant’s conduct was a ‘material element and a substantial factor’ in bringing about the injury. 1969Co. (7th Cir. 1964) 330 F.2d 96, 98 .) The Illinois rule is similar to the tests suggested by Professor Prosser in determining the existence of cause in fact in a negligence case, namely, whether the defendant’s conduct was a ‘material element and a substantial factor’ in bringing about the injury. | 2 | 1967–1969 |
American Optical Co. v. Nudelman
neutral
2 sentences1952(American Optical Co. v. Nudelman, 370 Ill. 627 [ 19 N.E.2d 582 ].) California specifically refused to follow the Illinois rule in Kamp v. Johnson, 15 Cal.2d 187 . 190 [ 99 P.2d 274 ], For reasons already stated, we believe that the classification in rule 11 is valid. 1952(American Optical Co. v. Nudelman, 370 Ill. 627 [ 19 N.E.2d 582 ].) California specifically refused to follow the Illinois rule in Kamp v. Johnson, 15 Cal.2d 187 . 190 [ 99 P.2d 274 ], For reasons already stated, we believe that the classification in rule 11 is valid. | 2 | 1952–1952 |
In Re Estate of Baker
green
2 sentences1951Further discussion of the basis of the conflicting views is unnecessary inasmuch as in Estate of Baker, 170 Cal. 578 [ 150 P. 989 ], following the Ingersoll and other cases, and rejecting the Illinois doctrine, this court has declared that the right of contest survives under the statutes of this state. 1951Further discussion of the basis of the conflicting views is unnecessary inasmuch as in Estate of Baker, 170 Cal. 578 [ 150 P. 989 ], following the Ingersoll and other cases, and rejecting the Illinois doctrine, this court has declared that the right of contest survives under the statutes of this state. | 2 | 1951–1951 |
People v. Gallardo
green
1 sentence2021(Gallardo, supra, 4 Cal.5th at p. 134 , italics added in first quote.) Under Gallardo, “the court’s role is, rather, limited to identifying those facts that were established by virtue of the conviction 36 itself—that is, facts the jury was necessarily required to find to render a guilty verdict, or that the defendant admitted as the factual basis for a guilty plea.” (Id. at p. 136, italics added.) There was no prior jury trial and there is nothing in any of the plea colloquies from the prior convictions amounting to admissions from Johnson as to his specific intent in committing any of the Ill | 1 | 2021–2021 |
Griffin v. Illinois
green
2 sentences2019In Griffin v. Illinois (1956) 351 U.S. 12 (Griffin), the court struck down an Illinois rule that effectively conditioned the right to appeal from a criminal conviction on the defendant’s procurement of a trial transcript. 2019In Griffin v. Illinois (1956) 351 U.S. 12 (Griffin), the court struck down an Illinois rule that effectively conditioned the right to appeal from a criminal conviction on the defendant’s procurement of a trial transcript. | 1 | 2019–2019 |
Mlb v. Slj
green
2 sentences2019“Although the Federal Constitution guarantees no right to appellate review, [citation], once a State affords that right, Griffin held, the State may not ‘bolt the door to equal justice.’ ” (M.L.B. v. S.L.J. (1996) 519 U.S. 102, 110 .) M.L.B. extended the holding in Griffin to appellate proceedings involving the termination of parental rights. 2019“Although the Federal Constitution guarantees no right to appellate review, [citation], once a State affords that right, Griffin held, the State may not ‘bolt the door to equal justice.’ ” (M.L.B. v. S.L.J. (1996) 519 U.S. 102, 110 .) M.L.B. extended the holding in Griffin to appellate proceedings involving the termination of parental rights. | 1 | 2019–2019 |
People v. Senior
green
1 sentence2015(People v. Senior (1995) 33 Cal.App.4th 531, 535-538 .) Although Allen's argument regarding specific performance is not completely clear, it is clear that we do not have the authority to order specific performance of the 1991 Illinois plea agreement. | 1 | 2015–2015 |
Walden v. Fiore
green
2 sentences2015(Id. at p. 25.) Burdick applied the “effects test” of Calder, supra, 465 U.S. 783 and the recent Supreme Court decision of Walden v. Fiore (2014) 571 U.S. ___ [ 134 S.Ct. 1115 , 188 L.Ed.2d 12 ]. 2015(Id. at p. 25.) Burdick applied the “effects test” of Calder, supra, 465 U.S. 783 and the recent Supreme Court decision of Walden v. Fiore (2014) 571 U.S. ___ [ 134 S.Ct. 1115 , 188 L.Ed.2d 12 ]. | 1 | 2015–2015 |
Indianapolis Colts, Inc. v. Metropolitan Baltimore Football Club Limited Partnership
green
2 sentences2002Baltimore Football (7th Cir.1994) 34 F.3d 410 , 411-412 ( Indianapolis Colts, Inc. ) [in Indiana trademark infringement suit by former Baltimore (now Indianapolis) Colts of National *352 Football League against Baltimore CFL Colts of Canadian Football League, defendant established minimum contacts with Indiana, among other ways, through nationwide cable telecasts of football games]; cf., e.g., CompuServe, Inc. v. Patterson (6th Cir.1996) 89 F.3d 1257, 1262-1267 [Ohio declaratory relief action by Ohio-based Internet service provider is proper where Texas defendant transmitted "trademarked" soft 2002Baltimore Football (7th Cir. 1994) 34 F.3d 410 , 411-412 (Indianapolis Colts, Inc.) [in Indiana trademark infringement suit by former Baltimore (now Indianapolis) Colts of National Football League against Baltimore CFL Colts of Canadian Football League, defendant established minimum contacts with Indiana, among other ways, through nationwide cable telecasts of football games]; cf., e.g., CompuServe, Inc. v. Patterson (6th Cir. 1996) 89 F.3d 1257, 1262-1267 [Ohio declaratory relief action by Ohio-based Internet service provider is proper where Texas defendant transmitted “trademarked” software | 1 | 2002–2002 |
Mayer v. City of Chicago
green
2 sentences1983The size of the defendant’s pocketbook bears no more relationship to his guilt or innocence in a nonfelony than in a felony case.” (Mayer v. City of Chicago, supra, 404 U.S. at pp. 195-196 [ 30 L.Ed.2d at p. 379 ], italics added.) Illinois rule 607(b) authorized transcripts at state expense only in felonies; four months before the appeal was heard by the United States Supreme Court it was amended to provide free transcripts in any case where the sentence was six months in custody or longer. 1983The size of the defendant's pocketbook bears no more relationship to his guilt or innocence in a nonfelony than in a felony case." ( Mayer v. City of Chicago, supra, 404 U.S. at pp. 195-196 [ 30 L.Ed.2d at p. 379 ], italics added.) Illinois rule 607(b) authorized transcripts at state expense only in felonies; four months before the appeal was heard by the United States Supreme Court it was amended to provide free transcripts in any case where the sentence was six months in custody or longer. ( Id., at p. 191, fn. 2 [30 L.Ed.2d at pp. 376-377].) Mayer does not stand for the sweeping reconstruct | 1 | 1983–1983 |
Truck Insurance Exchange v. Webb
green
2 sentences1969(Prosser on Torts (3d ed.), § 41, p. 244.) ” ( 256 Cal.App.2d at p. 146 .) In Employers’ Liab. 1969(Prosser on Torts (3d ed.), § 41, p. 244.) ” ( 256 Cal.App.2d at p. 146 .) In Employers’ Liab. | 1 | 1969–1969 |
Johnson v. Pendergast
green
2 sentences1954(Johnson v. Pendergast, 308 Ill. 255 [ 139 N.E. 407 ].) Whether the primary negligence of the owner of the car is the proximate cause of the accident is governed by the customary rule in tort cases. 1954(Johnson v. Pendergast, 308 Ill. 255 [ 139 N.E. 407 ].) Whether the primary negligence of the owner of the car is the proximate cause of the accident is governed by the customary rule in tort cases. | 1 | 1954–1954 |
Shirran v. Dallas
green
2 sentences1930(See opinion refusing hearing by Supreme Court in Shirran v. Dallas, 21 Cal. App. 405-423 [ 132 Pac. 454, 462 ] ; also, Old Settlers’ Investment Co. v. White, 158 Cal. 236 [ 110 Pac. 922 ].) But, whatever may be the correct Illinois rule as to the status of such judgments, it does not aid in establishing the validity of the judgment under consideration here, because admittedly the statute referred to, in terms, is restricted to judgments entered by the clerk “in vacation,” which, as the evidence shows and the court found, is not this case. 1930(See opinion refusing hearing by Supreme Court in Shirran v. Dallas, 21 Cal. App. 405-423 [ 132 Pac. 454, 462 ] ; also, Old Settlers’ Investment Co. v. White, 158 Cal. 236 [ 110 Pac. 922 ].) But, whatever may be the correct Illinois rule as to the status of such judgments, it does not aid in establishing the validity of the judgment under consideration here, because admittedly the statute referred to, in terms, is restricted to judgments entered by the clerk “in vacation,” which, as the evidence shows and the court found, is not this case. | 1 | 1930–1930 |
Old Settlers Investment Co. v. White
green
2 sentences1930(See opinion refusing hearing by Supreme Court in Shirran v. Dallas, 21 Cal. App. 405-423 [ 132 Pac. 454, 462 ] ; also, Old Settlers’ Investment Co. v. White, 158 Cal. 236 [ 110 Pac. 922 ].) But, whatever may be the correct Illinois rule as to the status of such judgments, it does not aid in establishing the validity of the judgment under consideration here, because admittedly the statute referred to, in terms, is restricted to judgments entered by the clerk “in vacation,” which, as the evidence shows and the court found, is not this case. 1930(See opinion refusing hearing by Supreme Court in Shirran v. Dallas, 21 Cal. App. 405-423 [ 132 Pac. 454, 462 ] ; also, Old Settlers’ Investment Co. v. White, 158 Cal. 236 [ 110 Pac. 922 ].) But, whatever may be the correct Illinois rule as to the status of such judgments, it does not aid in establishing the validity of the judgment under consideration here, because admittedly the statute referred to, in terms, is restricted to judgments entered by the clerk “in vacation,” which, as the evidence shows and the court found, is not this case. | 1 | 1930–1930 |
Missouri, Kansas & Texas Railway Co. v. Bagley
green
2 sentences1909(Missouri etc. Co. v. Bagley, 65 Kan. 188 , [ 69 Pac. 189 ].) The contrary rule has been followed in Iowa. 1909(Missouri etc. Co. v. Bagley, 65 Kan. 188 , [ 69 Pac. 189 ].) The contrary rule has been followed in Iowa. | 1 | 1909–1909 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.