saving clause in Arizona

14 Arizona opinions name it 2 courts 1927–2020 0 in the last five years

The cases below were cited by Arizona 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.

Followed or applied (6)

Case	Followed	Cited
Soules v. City of Rochestergreen nyappdiv · 1960 · cited in 2 Arizona opinions naming this issue, 2008–2008 2 sentences 2008See, e.g., Soules v. City of Rochester, 10 A.D.2d 362 , 199 N.Y.S.2d 966, 968-69 (N.Y.App.Div.1960); Anderlohr, 112 N.Y.S.2d at 136-37 ; Harwood v. City of Hornell, 41 Misc.2d 706 , 246 N.Y.S.2d 222, 224-25 (N.Y.Sup.Ct.1964). 2008See, e.g., Soules v. City of Rochester, 10 A.D.2d 362 , 199 N.Y.S.2d 966, 968-69 (N.Y.App.Div.1960); Anderlohr, 112 N.Y.S.2d at 136-37 ; Harwood v. City of Hornell, 41 Misc.2d 706 , 246 N.Y.S.2d 222, 224-25 (N.Y.Sup.Ct.1964).	2	2
Anderlohr v. City of New Yorkgreen nysupct · 1952 · cited in 2 Arizona opinions naming this issue, 2008–2008 2 sentences 2008See Teresta, 108 N.E.2d at 397 n. 1; Anderlohr v. City 380 of New York, 201 Misc. 605 , 112 N.Y.S.2d 135, 136 (N.Y.App.Div.1952). 2008See Teresta, 108 N.E.2d at 397 n. 1; Anderlohr v. City 380 of New York, 201 Misc. 605 , 112 N.Y.S.2d 135, 136 (N.Y.App.Div.1952).	2	2
Teresta v. City of New Yorkgreen ny · 1952 · cited in 2 Arizona opinions naming this issue, 2008–2008 2 sentences 2008See Teresta, 108 N.E.2d at 397 n. 1; Anderlohr v. City 380 of New York, 201 Misc. 605 , 112 N.Y.S.2d 135, 136 (N.Y.App.Div.1952). 2008*See Teresta, 108 N.E.2d at 442 n.1; Anderlohr v. City of New York, 112 N.Y.S.2d 135, 136 (N.Y.	2	2
Bradley v. United Statesgreen scotus · 1973 · cited in 2 Arizona opinions naming this issue, 1980–1983 2 sentences 1983See, Bradley v. United States, 410 U.S. 605 , 93 S.Ct. 1151 , 35 L.Ed.2d 528 (1973); State v. Williams, supra; State v. Scrivner, 125 Ariz. 508 , 611 P.2d 95 (App.1979); State v. Brown, 123 Ariz. 406 , 599 P.2d 859 (App.1979). 1983See, Bradley v. United States, 410 U.S. 605 , 93 S.Ct. 1151 , 35 L.Ed.2d 528 (1973); State v. Williams, supra; State v. Scrivner, 125 Ariz. 508 , 611 P.2d 95 (App.1979); State v. Brown, 123 Ariz. 406 , 599 P.2d 859 (App.1979).	1	2
cluster 768371green ca6 · 2000 · cited in 1 Arizona opinions naming this issue, 2019–2019 1 sentence 2019See, e.g. , King v. Ford Motor Co. , 209 F.3d 886 , 892 (6th Cir. 2000) ; 49 U.S.C. § 30103 (e) ("Compliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common law."); Geier , 529 U.S. at 868 , 120 S.Ct. 1913 ("The saving clause assumes that there are some significant number of common-law liability cases to save."). ¶58 And last, Dashi contends that "state regulatory action can only be preemptive if NHTSA has promulgated a standard 'applicable to the same aspect of performance.' " But this language is pulled from the Safety Act'	1	1
Harwood v. City of Hornellgreen nysupct · 1964 · cited in 1 Arizona opinions naming this issue, 2008–2008 2 sentences 2008See, e.g., Soules v. City of Rochester, 10 A.D.2d 362 , 199 N.Y.S.2d 966, 968-69 (N.Y.App.Div.1960); Anderlohr, 112 N.Y.S.2d at 136-37 ; Harwood v. City of Hornell, 41 Misc.2d 706 , 246 N.Y.S.2d 222, 224-25 (N.Y.Sup.Ct.1964). 2008See, e.g., Soules v. City of Rochester, 10 A.D.2d 362 , 199 N.Y.S.2d 966, 968-69 (N.Y.App.Div.1960); Anderlohr, 112 N.Y.S.2d at 136-37 ; Harwood v. City of Hornell, 41 Misc.2d 706 , 246 N.Y.S.2d 222, 224-25 (N.Y.Sup.Ct.1964).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
Stone v. Independent Linen Service Co. green miss · 1951 2 sentences 1986Stone v. Independent Linen Service Co., 212 Miss. 580 , 55 So.2d 165 (1951). 1986Stone v. Independent Linen Service Co., 212 Miss. 580 , 55 So.2d 165 (1951).	4	1972–1986
Geier v. American Honda Motor Co. green scotus · 2000 2 sentences 2019See, e.g. , King v. Ford Motor Co. , 209 F.3d 886 , 892 (6th Cir. 2000) ; 49 U.S.C. § 30103 (e) ("Compliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common law."); Geier , 529 U.S. at 868 , 120 S.Ct. 1913 ("The saving clause assumes that there are some significant number of common-law liability cases to save."). ¶58 And last, Dashi contends that "state regulatory action can only be preemptive if NHTSA has promulgated a standard 'applicable to the same aspect of performance.' " But this language is pulled from the Safety Act' 2019See, e.g. , King v. Ford Motor Co. , 209 F.3d 886 , 892 (6th Cir. 2000) ; 49 U.S.C. § 30103 (e) ("Compliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common law."); Geier , 529 U.S. at 868 , 120 S.Ct. 1913 ("The saving clause assumes that there are some significant number of common-law liability cases to save."). ¶58 And last, Dashi contends that "state regulatory action can only be preemptive if NHTSA has promulgated a standard 'applicable to the same aspect of performance.' " But this language is pulled from the Safety Act'	2	2019–2020
Williamson v. Mazda Motor of America, Inc. green scotus · 2011 2 sentences 2019Williamson , 562 U.S. at 329 , 131 S.Ct. 1131 . ¶14 To determine whether Dashi's lawsuit erects an obstacle in DOT and NHTSA's path to "the accomplishment and execution of ... [federal] purposes and objectives," id. at 330 , 131 S.Ct. 1131 (quoting Hines , 312 U.S. at 67 , 61 S.Ct. 399 ), we must first discern the purposes and objectives at issue. 2019Williamson , 562 U.S. at 329 , 131 S.Ct. 1131 . ¶14 To determine whether Dashi's lawsuit erects an obstacle in DOT and NHTSA's path to "the accomplishment and execution of ... [federal] purposes and objectives," id. at 330 , 131 S.Ct. 1131 (quoting Hines , 312 U.S. at 67 , 61 S.Ct. 399 ), we must first discern the purposes and objectives at issue.	1	2019–2019
Hines v. Davidowitz green scotus · 1941 2 sentences 2019Williamson , 562 U.S. at 329 , 131 S.Ct. 1131 . ¶14 To determine whether Dashi's lawsuit erects an obstacle in DOT and NHTSA's path to "the accomplishment and execution of ... [federal] purposes and objectives," id. at 330 , 131 S.Ct. 1131 (quoting Hines , 312 U.S. at 67 , 61 S.Ct. 399 ), we must first discern the purposes and objectives at issue. 2019Williamson , 562 U.S. at 329 , 131 S.Ct. 1131 . ¶14 To determine whether Dashi's lawsuit erects an obstacle in DOT and NHTSA's path to "the accomplishment and execution of ... [federal] purposes and objectives," id. at 330 , 131 S.Ct. 1131 (quoting Hines , 312 U.S. at 67 , 61 S.Ct. 399 ), we must first discern the purposes and objectives at issue.	1	2019–2019
State v. Brown green arizctapp · 1979 2 sentences 1983See, Bradley v. United States, 410 U.S. 605 , 93 S.Ct. 1151 , 35 L.Ed.2d 528 (1973); State v. Williams, supra; State v. Scrivner, 125 Ariz. 508 , 611 P.2d 95 (App.1979); State v. Brown, 123 Ariz. 406 , 599 P.2d 859 (App.1979). 1983See, Bradley v. United States, 410 U.S. 605 , 93 S.Ct. 1151 , 35 L.Ed.2d 528 (1973); State v. Williams, supra; State v. Scrivner, 125 Ariz. 508 , 611 P.2d 95 (App.1979); State v. Brown, 123 Ariz. 406 , 599 P.2d 859 (App.1979).	1	1983–1983
State v. Scrivner green arizctapp · 1979 2 sentences 1983See, Bradley v. United States, 410 U.S. 605 , 93 S.Ct. 1151 , 35 L.Ed.2d 528 (1973); State v. Williams, supra; State v. Scrivner, 125 Ariz. 508 , 611 P.2d 95 (App.1979); State v. Brown, 123 Ariz. 406 , 599 P.2d 859 (App.1979). 1983See, Bradley v. United States, 410 U.S. 605 , 93 S.Ct. 1151 , 35 L.Ed.2d 528 (1973); State v. Williams, supra; State v. Scrivner, 125 Ariz. 508 , 611 P.2d 95 (App.1979); State v. Brown, 123 Ariz. 406 , 599 P.2d 859 (App.1979).	1	1983–1983
In Re Estrada green cal · 1965 2 sentences 1980As stated in Estrada : “. . . [I]f the saving clause expressly provided that the old law should continue to operate as to past acts, so far as punishment is concerned that would be the end of the matter.” 48 Cal.Rptr. at 177 , 408 P.2d at 953 . 1980As stated in Estrada : “. . . [I]f the saving clause expressly provided that the old law should continue to operate as to past acts, so far as punishment is concerned that would be the end of the matter.” 48 Cal.Rptr. at 177 , 408 P.2d at 953 .	1	1980–1980
State v. Twilleager neutral orctapp · 1974 2 sentences 1980State v. Twilleager, 18 Or.App. 182 , 524 P.2d 567 (1974); Bradley v. United States, 410 U.S. 605 , 93 S.Ct. 1151 , 35 L.Ed.2d 528 (1973). 1980State v. Twilleager, 18 Or.App. 182 , 524 P.2d 567 (1974); Bradley v. United States, 410 U.S. 605 , 93 S.Ct. 1151 , 35 L.Ed.2d 528 (1973).	1	1980–1980
Curtis v. Curtis green nm · 1952 2 sentences 1973The rationale that the statute of limitations is not applicable is expressed in Curtis v. Curtis, 56 N.M. 695 , 248 P.2d 683 (1952): “ ‘It is the policy of the Law to prevent litigation between husband and wife, not to promote it as would be the case if the wife had to sue her husband to avoid limitations and laches.’ ” 248 P.2d at 690 . 1973The rationale that the statute of limitations is not applicable is expressed in Curtis v. Curtis, 56 N.M. 695 , 248 P.2d 683 (1952): “ ‘It is the policy of the Law to prevent litigation between husband and wife, not to promote it as would be the case if the wife had to sue her husband to avoid limitations and laches.’ ” 248 P.2d at 690 .	1	1973–1973
O'Malley v. Sims green ariz · 1938 2 sentences 1952The above rule has been approved by the Supreme Court of Arizona, see O’Malley v. Sims, 51 Ariz. 155 , 75 P.2d 50, 53 , 115 A.L.R. 634 : “We think the Supreme Court of Wisconsin has wisely chosen the middle course which avoids, as far as it is possible to do so, injustice to parties who have relied upon the earlier rulings of courts, which are later reversed by the same court, and we have no hesitation in adopting that rule as the law of Arizona. * * * ” and also the case of Duhame v. State Tax Commission, 65 Ariz. 268 , 179 P.2d 252, 259 , 171 A.L.R. 684 , where the court says: “However in fa 1952The above rule has been approved by the Supreme Court of Arizona, see O’Malley v. Sims, 51 Ariz. 155 , 75 P.2d 50, 53 , 115 A.L.R. 634 : “We think the Supreme Court of Wisconsin has wisely chosen the middle course which avoids, as far as it is possible to do so, injustice to parties who have relied upon the earlier rulings of courts, which are later reversed by the same court, and we have no hesitation in adopting that rule as the law of Arizona. * * * ” and also the case of Duhame v. State Tax Commission, 65 Ariz. 268 , 179 P.2d 252, 259 , 171 A.L.R. 684 , where the court says: “However in fa	1	1952–1952
Duhame v. State Tax Commission green ariz · 1947 2 sentences 1952The above rule has been approved by the Supreme Court of Arizona, see O’Malley v. Sims, 51 Ariz. 155 , 75 P.2d 50, 53 , 115 A.L.R. 634 : “We think the Supreme Court of Wisconsin has wisely chosen the middle course which avoids, as far as it is possible to do so, injustice to parties who have relied upon the earlier rulings of courts, which are later reversed by the same court, and we have no hesitation in adopting that rule as the law of Arizona. * * * ” and also the case of Duhame v. State Tax Commission, 65 Ariz. 268 , 179 P.2d 252, 259 , 171 A.L.R. 684 , where the court says: “However in fa 1952The above rule has been approved by the Supreme Court of Arizona, see O’Malley v. Sims, 51 Ariz. 155 , 75 P.2d 50, 53 , 115 A.L.R. 634 : “We think the Supreme Court of Wisconsin has wisely chosen the middle course which avoids, as far as it is possible to do so, injustice to parties who have relied upon the earlier rulings of courts, which are later reversed by the same court, and we have no hesitation in adopting that rule as the law of Arizona. * * * ” and also the case of Duhame v. State Tax Commission, 65 Ariz. 268 , 179 P.2d 252, 259 , 171 A.L.R. 684 , where the court says: “However in fa	1	1952–1952
Supreme Tribe of Ben-Hur v. Cauble green scotus · 1921 2 sentences 1934In the case of Supreme Tribe of Ben-Hur v. Cauble, 255 U. S. 356 , 41 Sup. Ct. 338, 341, 65 L. 1934In the case of Supreme Tribe of Ben-Hur v. Cauble, 255 U. S. 356 , 41 Sup. Ct. 338, 341, 65 L.	1	1934–1934
McNulty v. California green · 1893 2 sentences 1927“In this case the court sentenced appellant under the indeterminate sentence law of 1909, the law that was in force at the time of the commission of the offense, and rightly so.” The case of People v. McNulty, 93 Cal. 427 , 26 Pac. 597 , 29 Pac. 61 , from which we quoted in the La Porte case, was affirmed by the Supreme Court of the United States in McNulty v. People, 149 U. S. 645 , 37 L. 1927“In this case the court sentenced appellant under the indeterminate sentence law of 1909, the law that was in force at the time of the commission of the offense, and rightly so.” The case of People v. McNulty, 93 Cal. 427 , 26 Pac. 597 , 29 Pac. 61 , from which we quoted in the La Porte case, was affirmed by the Supreme Court of the United States in McNulty v. People, 149 U. S. 645 , 37 L.	1	1927–1927
Díaz v. Sánchez Morales & Co. green prsupreme · 1918 1 sentence 1927“In this case the court sentenced appellant under the indeterminate sentence law of 1909, the law that was in force at the time of the commission of the offense, and rightly so.” The case of People v. McNulty, 93 Cal. 427 , 26 Pac. 597 , 29 Pac. 61 , from which we quoted in the La Porte case, was affirmed by the Supreme Court of the United States in McNulty v. People, 149 U. S. 645 , 37 L.	1	1927–1927
Cruz v. Martínez green prsupreme · 1921 1 sentence 1927“In this case the court sentenced appellant under the indeterminate sentence law of 1909, the law that was in force at the time of the commission of the offense, and rightly so.” The case of People v. McNulty, 93 Cal. 427 , 26 Pac. 597 , 29 Pac. 61 , from which we quoted in the La Porte case, was affirmed by the Supreme Court of the United States in McNulty v. People, 149 U. S. 645 , 37 L.	1	1927–1927
People v. McNulty green cal · 1892 1 sentence 1927“In this case the court sentenced appellant under the indeterminate sentence law of 1909, the law that was in force at the time of the commission of the offense, and rightly so.” The case of People v. McNulty, 93 Cal. 427 , 26 Pac. 597 , 29 Pac. 61 , from which we quoted in the La Porte case, was affirmed by the Supreme Court of the United States in McNulty v. People, 149 U. S. 645 , 37 L.	1	1927–1927

Where else courts name it

CA 241 (1854–2025) IL 120 (1876–2023) NY 79 (1867–2024) TX 64 (1910–2025) WA 35 (1874–2025) MI 35 (1848–2022) PA 34 (1837–2021) IN 33 (1845–2017) LA 33 (1913–2001) OH 31 (1840–2025) CT 30 (1925–2026) MA 29 (1872–2015) FL 28 (1917–2021) MO 24 (1875–2020) AL 24 (1845–1998) KS 24 (1885–2010) MD 23 (1904–2026) OR 21 (1908–2021) MS 19 (1879–2018) NM 19 (1918–2021) OK 19 (1910–2003) MN 18 (1891–2001) NJ 18 (1942–2024) GA 17 (1908–2024) AZ 14 (1927–2020) NE 13 (1880–2015) TN 13 (1939–2017) IA 13 (1850–2021) NC 13 (1894–2014) AR 12 (1886–2006) KY 12 (1910–2014) CO 12 (1881–2010) WV 11 (1895–2016) ND 10 (1893–2011) SC 8 (1925–2015) MT 8 (1898–2002) RI 7 (1892–1999) PR 7 (1926–1987) NH 7 (1939–2021) HI 6 (1913–2014) SD 6 (1938–2011) ME 6 (1833–1979) VA 6 (1928–2023) VT 5 (1905–2011) DE 5 (1928–1963) WI 5 (1886–2018) WY 4 (1895–1991) DC 3 (1949–1996) UT 3 (1937–2026) VI 2 (2015–2026)

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.

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