Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
10 California opinions name it 2 courts 1975–2023 3 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 |
|---|---|---|
City of Cincinnati v. Discovery Network, Inc.green2 sentences2003The United States Supreme Court has, in recent years, acknowledged "the difficulty of drawing bright lines that will clearly cabin commercial speech in a distinct category." (City of Cincinnati v. Discovery Network, Inc. (1993) 507 U.S. 410, 419 , 113 S.Ct. 1505 , 123 L.Ed.2d 99 (Discovery Network ).) After tracing the various definitions of commercial speech used over the years, the court conceded that no "categorical *326 definition of the difference between" commercial and noncommercial speech exists. ( Id. at pp. 420-423, 113 S.Ct. 1505 .) Instead, the difference is a matter of "`common[ ] 2003The United States Supreme Court has, in recent years, acknowledged "the difficulty of drawing bright lines that will clearly cabin commercial speech in a distinct category." (City of Cincinnati v. Discovery Network, Inc. (1993) 507 U.S. 410, 419 , 113 S.Ct. 1505 , 123 L.Ed.2d 99 (Discovery Network ).) After tracing the various definitions of commercial speech used over the years, the court conceded that no "categorical *326 definition of the difference between" commercial and noncommercial speech exists. ( Id. at pp. 420-423, 113 S.Ct. 1505 .) Instead, the difference is a matter of "`common[ ] | 2 | 2 |
Ohralik v. Ohio State Bar Assn.green2 sentences2003The United States Supreme Court has, in recent years, acknowledged "the difficulty of drawing bright lines that will clearly cabin commercial speech in a distinct category." (City of Cincinnati v. Discovery Network, Inc. (1993) 507 U.S. 410, 419 , 113 S.Ct. 1505 , 123 L.Ed.2d 99 (Discovery Network ).) After tracing the various definitions of commercial speech used over the years, the court conceded that no "categorical *326 definition of the difference between" commercial and noncommercial speech exists. ( Id. at pp. 420-423, 113 S.Ct. 1505 .) Instead, the difference is a matter of "`common[ ] 2003The United States Supreme Court has, in recent years, acknowledged "the difficulty of drawing bright lines that will clearly cabin commercial speech in a distinct category." (City of Cincinnati v. Discovery Network, Inc. (1993) 507 U.S. 410, 419 , 113 S.Ct. 1505 , 123 L.Ed.2d 99 (Discovery Network ).) After tracing the various definitions of commercial speech used over the years, the court conceded that no "categorical *326 definition of the difference between" commercial and noncommercial speech exists. ( Id. at pp. 420-423, 113 S.Ct. 1505 .) Instead, the difference is a matter of "`common[ ] | 2 | 2 |
Bolger v. Youngs Drug Products Corp.green2 sentences2003The United States Supreme Court has, in recent years, acknowledged "the difficulty of drawing bright lines that will clearly cabin commercial speech in a distinct category." (City of Cincinnati v. Discovery Network, Inc. (1993) 507 U.S. 410, 419 , 113 S.Ct. 1505 , 123 L.Ed.2d 99 (Discovery Network ).) After tracing the various definitions of commercial speech used over the years, the court conceded that no "categorical *326 definition of the difference between" commercial and noncommercial speech exists. ( Id. at pp. 420-423, 113 S.Ct. 1505 .) Instead, the difference is a matter of "`common[ ] 2003The United States Supreme Court has, in recent years, acknowledged "the difficulty of drawing bright lines that will clearly cabin commercial speech in a distinct category." (City of Cincinnati v. Discovery Network, Inc. (1993) 507 U.S. 410, 419 , 113 S.Ct. 1505 , 123 L.Ed.2d 99 (Discovery Network ).) After tracing the various definitions of commercial speech used over the years, the court conceded that no "categorical *326 definition of the difference between" commercial and noncommercial speech exists. ( Id. at pp. 420-423, 113 S.Ct. 1505 .) Instead, the difference is a matter of "`common[ ] | 2 | 2 |
McGill v. Citibank, N.A.green1 sentence2021Even discounting his attorney’s estimate of arbitrator fees, there is substantial evidence in the record that Fisher would have had trouble paying $1,725 (more than two weeks’ income) to get to a hearing in arbitration on his individual restitution claim, and would have been unable to pay the $6,250 required to initiate arbitration of his nonmonetary and unwaivable claim for a public injunction (see McGill v. Citibank, N.A. (2017) 2 Cal.5th 945, 962 [right to seek public injunction under UCL is unwaivable]), and that figure ® According to our reading of the AAA Commercial Rules, the initial fi | 1 | 1 |
Sun'n Sand, Inc. v. United California Bankgreen1 sentence2016(Sun ’n Sand, Inc. v. United California Bank (1978) 21 Cal.3d 671, 703 [allowing certain causes of action, but not others, to survive a demurrer].) The trial court nevertheless properly sustained the demurrer as to all of New Peking’s causes of action, however, because New Peking failed to state sufficient supporting facts. 9 In OBB Personenverkehr AG v. Sachs (2015) ___ U.S. ___ [ 136 S.Ct. 390 ], the Supreme Court held that a railroad operated by Austria could not be hauled into an American court as a defendant in a personal injury case under the commercial exception doctrine of the Foreign | 1 | 1 |
Economy Light & Power Co. v. United Statesgreen2 sentences1976The federal tests described above all appear to apply the principle enunciated in Economy Light Co. v. United States: “nor need the navigation be open at all seasons of the year, nor at all stages of the water.” ( 256 U.S. 113, 122 [ 65 L.Ed. 847, 854 , 41 S.Ct. 409 ]; State of Utah v. United States, 304 F.2d 23, 25 , cert, den., 371 U.S. 826 [ 9 L.Ed.2d 65 , 83 S.Ct. 47 ]; Clark v. Pigeon River Improvement Slide & Boom Co., 52 F.2d 550, 553 ; United States v. Crow, Pope & Land Enterprises, Inc., 340 F.Supp. 25, 32-33 .) Numerous state courts, in varying contexts and whether utilizing a recrea 1976The federal tests described above all appear to apply the principle enunciated in Economy Light Co. v. United States: “nor need the navigation be open at all seasons of the year, nor at all stages of the water.” ( 256 U.S. 113, 122 [ 65 L.Ed. 847, 854 , 41 S.Ct. 409 ]; State of Utah v. United States, 304 F.2d 23, 25 , cert, den., 371 U.S. 826 [ 9 L.Ed.2d 65 , 83 S.Ct. 47 ]; Clark v. Pigeon River Improvement Slide & Boom Co., 52 F.2d 550, 553 ; United States v. Crow, Pope & Land Enterprises, Inc., 340 F.Supp. 25, 32-33 .) Numerous state courts, in varying contexts and whether utilizing a recrea | 1 | 1 |
Bekiaris v. Board of Educationgreen2 sentences1975Ed. Bar 1974 Supp.) § 5.9; cf. Bekiaris v. Board of Education (1972) 6 Cal.3d 575, 587 [ 100 Cal.Rptr. 16 , 493 P.2d 480 ].) But this independent review is not a “trial de novo” as Commercial uses that term; instead the court renders its independent judgment on the basis of the administrative record plus such additional evidence admitted under section 1094.5, subdivision (d). 8 We conclude that since Commercial made no showing that its questions were reasonably calculated to lead to the discovery of evidence *777 admissible under section 1094.5, subdivision (d),.the superior court erred in gra 1975Ed. Bar 1974 Supp.) § 5.9; cf. Bekiaris v. Board of Education (1972) 6 Cal.3d 575, 587 [ 100 Cal.Rptr. 16 , 493 P.2d 480 ].) But this independent review is not a “trial de novo” as Commercial uses that term; instead the court renders its independent judgment on the basis of the administrative record plus such additional evidence admitted under section 1094.5, subdivision (d). 8 We conclude that since Commercial made no showing that its questions were reasonably calculated to lead to the discovery of evidence *777 admissible under section 1094.5, subdivision (d),.the superior court erred in gra | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Flatley v. Mauro
green
2 sentences2023Second, they contend the investigation is subject to the illegality exception described in Flatley v. Mauro (2006) 39 Cal.4th 299 (Flatley). 2023Second, they contend the investigation is subject to the illegality exception described in Flatley v. Mauro (2006) 39 Cal.4th 299 (Flatley). | 2 | 2023–2023 |
OBB Personenverkehr AG v. Sachs
green
1 sentence2016(Sun ’n Sand, Inc. v. United California Bank (1978) 21 Cal.3d 671, 703 [allowing certain causes of action, but not others, to survive a demurrer].) The trial court nevertheless properly sustained the demurrer as to all of New Peking’s causes of action, however, because New Peking failed to state sufficient supporting facts. 9 In OBB Personenverkehr AG v. Sachs (2015) ___ U.S. ___ [ 136 S.Ct. 390 ], the Supreme Court held that a railroad operated by Austria could not be hauled into an American court as a defendant in a personal injury case under the commercial exception doctrine of the Foreign | 1 | 2016–2016 |
Sisson v. Ruby
green
2 sentences1995Adopting the strict commercial rule would frustrate the goal of promoting the smooth flow of maritime commerce, because the duties and obligations of noncommercial navigators traversing navigable waters flowing through more than one State would differ ‘depending upon their precise location within the territorial jurisdiction of one state or another.’ [Citation.]” (457 U.S. at pp. 675-676 [ 73 L.Ed.2d at p. 307 ].) The court in Sisson v. Ruby (1990) 497 U.S. 358 [ 111 L.Ed.2d 292 , 110 S.Ct. 2892 ] (hereafter Sisson), refined the Foremost holding into a *565 two-part formula for determining the 1995Adopting the strict commercial rule would frustrate the goal of promoting the smooth flow of maritime commerce, because the duties and obligations of noncommercial navigators traversing navigable waters flowing through more than one State would differ ‘depending upon their precise location within the territorial jurisdiction of one state or another.’ [Citation.]” (457 U.S. at pp. 675-676 [ 73 L.Ed.2d at p. 307 ].) The court in Sisson v. Ruby (1990) 497 U.S. 358 [ 111 L.Ed.2d 292 , 110 S.Ct. 2892 ] (hereafter Sisson), refined the Foremost holding into a *565 two-part formula for determining the | 1 | 1995–1995 |
Foremost Insurance v. Richardson
green
1 sentence1995Adopting the strict commercial rule would frustrate the goal of promoting the smooth flow of maritime commerce, because the duties and obligations of noncommercial navigators traversing navigable waters flowing through more than one State would differ ‘depending upon their precise location within the territorial jurisdiction of one state or another.’ [Citation.]” (457 U.S. at pp. 675-676 [ 73 L.Ed.2d at p. 307 ].) The court in Sisson v. Ruby (1990) 497 U.S. 358 [ 111 L.Ed.2d 292 , 110 S.Ct. 2892 ] (hereafter Sisson), refined the Foremost holding into a *565 two-part formula for determining the | 1 | 1995–1995 |
Low v. Austin
green
1 sentence1978(Id, at pp. 279-281 [46 L.Ed.2d at pp. 499-501].) The United States Supreme Court sustained the taxes against a contention that they violated the import-export clause (pp. 278-279, 281-283 [46 L.Ed.2d pp. 499-502]), abandoned the longstanding “original container doctrine” in the process (pp. 279, 294-301 [46 L.Ed.2d pp. 499-500, 508-512] [overruling Low v. Austin (1871) 80 U.S. (13 Wall.) 29 (20 L..Ed. 517)]), and stated in pertinent part: “Unlike imposts and duties, which are essentially taxes on the commercial privilege of bringing goods into a country, such property taxes are taxes by which | 1 | 1978–1978 |
Clark v. Pigeon River Improvement Slide & Boom Co.
neutral
1 sentence1976The federal tests described above all appear to apply the principle enunciated in Economy Light Co. v. United States: “nor need the navigation be open at all seasons of the year, nor at all stages of the water.” ( 256 U.S. 113, 122 [ 65 L.Ed. 847, 854 , 41 S.Ct. 409 ]; State of Utah v. United States, 304 F.2d 23, 25 , cert, den., 371 U.S. 826 [ 9 L.Ed.2d 65 , 83 S.Ct. 47 ]; Clark v. Pigeon River Improvement Slide & Boom Co., 52 F.2d 550, 553 ; United States v. Crow, Pope & Land Enterprises, Inc., 340 F.Supp. 25, 32-33 .) Numerous state courts, in varying contexts and whether utilizing a recrea | 1 | 1976–1976 |
State of Utah George D. Fehr Earl E. Fehr Joe Lyon, Jr. And United Western Minerals Company, a Corporation v. United States
green
1 sentence1976The federal tests described above all appear to apply the principle enunciated in Economy Light Co. v. United States: “nor need the navigation be open at all seasons of the year, nor at all stages of the water.” ( 256 U.S. 113, 122 [ 65 L.Ed. 847, 854 , 41 S.Ct. 409 ]; State of Utah v. United States, 304 F.2d 23, 25 , cert, den., 371 U.S. 826 [ 9 L.Ed.2d 65 , 83 S.Ct. 47 ]; Clark v. Pigeon River Improvement Slide & Boom Co., 52 F.2d 550, 553 ; United States v. Crow, Pope & Land Enterprises, Inc., 340 F.Supp. 25, 32-33 .) Numerous state courts, in varying contexts and whether utilizing a recrea | 1 | 1976–1976 |
Lane v. Brown
green
1 sentence1976The federal tests described above all appear to apply the principle enunciated in Economy Light Co. v. United States: “nor need the navigation be open at all seasons of the year, nor at all stages of the water.” ( 256 U.S. 113, 122 [ 65 L.Ed. 847, 854 , 41 S.Ct. 409 ]; State of Utah v. United States, 304 F.2d 23, 25 , cert, den., 371 U.S. 826 [ 9 L.Ed.2d 65 , 83 S.Ct. 47 ]; Clark v. Pigeon River Improvement Slide & Boom Co., 52 F.2d 550, 553 ; United States v. Crow, Pope & Land Enterprises, Inc., 340 F.Supp. 25, 32-33 .) Numerous state courts, in varying contexts and whether utilizing a recrea | 1 | 1976–1976 |
Local 776, I. A. T. S. E. (Film Editors) v. National Labor Relations Board
green
1 sentence1976The federal tests described above all appear to apply the principle enunciated in Economy Light Co. v. United States: “nor need the navigation be open at all seasons of the year, nor at all stages of the water.” ( 256 U.S. 113, 122 [ 65 L.Ed. 847, 854 , 41 S.Ct. 409 ]; State of Utah v. United States, 304 F.2d 23, 25 , cert, den., 371 U.S. 826 [ 9 L.Ed.2d 65 , 83 S.Ct. 47 ]; Clark v. Pigeon River Improvement Slide & Boom Co., 52 F.2d 550, 553 ; United States v. Crow, Pope & Land Enterprises, Inc., 340 F.Supp. 25, 32-33 .) Numerous state courts, in varying contexts and whether utilizing a recrea | 1 | 1976–1976 |
Rice Lake Creamery Co. v. General Drivers & Helpers Union, Local No. 662
green
1 sentence1976The federal tests described above all appear to apply the principle enunciated in Economy Light Co. v. United States: “nor need the navigation be open at all seasons of the year, nor at all stages of the water.” ( 256 U.S. 113, 122 [ 65 L.Ed. 847, 854 , 41 S.Ct. 409 ]; State of Utah v. United States, 304 F.2d 23, 25 , cert, den., 371 U.S. 826 [ 9 L.Ed.2d 65 , 83 S.Ct. 47 ]; Clark v. Pigeon River Improvement Slide & Boom Co., 52 F.2d 550, 553 ; United States v. Crow, Pope & Land Enterprises, Inc., 340 F.Supp. 25, 32-33 .) Numerous state courts, in varying contexts and whether utilizing a recrea | 1 | 1976–1976 |
United States v. Crow, Pope & Land Enterprises, Inc.
green
1 sentence1976The federal tests described above all appear to apply the principle enunciated in Economy Light Co. v. United States: “nor need the navigation be open at all seasons of the year, nor at all stages of the water.” ( 256 U.S. 113, 122 [ 65 L.Ed. 847, 854 , 41 S.Ct. 409 ]; State of Utah v. United States, 304 F.2d 23, 25 , cert, den., 371 U.S. 826 [ 9 L.Ed.2d 65 , 83 S.Ct. 47 ]; Clark v. Pigeon River Improvement Slide & Boom Co., 52 F.2d 550, 553 ; United States v. Crow, Pope & Land Enterprises, Inc., 340 F.Supp. 25, 32-33 .) Numerous state courts, in varying contexts and whether utilizing a recrea | 1 | 1976–1976 |
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.