state action doctrine (Wisconsin) · Go Syfert
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state action doctrine in Wisconsin

9 Wisconsin opinions name it 3 courts 1986–2026 2 in the last five years

The cases below were cited by Wisconsin 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 (4)

CaseFollowedCited
Southern Motor Carriers Rate Conference, Inc. v. United Statesgreen
scotus · 1985 · cited in 2 Wisconsin opinions naming this issue, 2008–2008
2 sentences

2008The majority acknowledges that the first prong of the state action test, as described by Southern Motor Carriers, 471 U.S. at 57 , requires those seeking to extend state action antitrust immunity to private parties to show that the challenged anticompetitive conduct is conduct which is "clearly articulated and affirmatively expressed as state policy." See majority op., ¶ 77.

2008The purpose of the state action test is to determine "whether state regulation of private parties is shielded from the federal antitrust laws." Southern Motor Carriers Rate Conference, Inc. v. United States, 471 U.S. 48, 57 (1985)(emphasis added).

12
Blum v. Yaretskygreen
scotus · 1982 · cited in 1 Wisconsin opinions naming this issue, 2026–2026
1 sentence

2026See Blum, 457 U.S. at 1012 (White, J., concurring) (explaining that to “satisfy[] the state-action requirement,” “respondents must show that the transfer or discharge is made on the basis of some rule of decision for which the state is responsible” (emphasis added)).

11
Pennsylvania v. Ritchiegreen
scotus · 1987 · cited in 1 Wisconsin opinions naming this issue, 2023–2023
1 sentence

2023A criminal defendant sought access to confidential——but not privileged——records in the possession of a state agency with investigative duties but not in the prosecutor's possession. 480 U.S. at 42-44.

11
Cameron v. City of Milwaukeegreen
wis · 1981 · cited in 1 Wisconsin opinions naming this issue, 1986–1986
2 sentences

1986See Cameron v. Milwaukee , 102 Wis.2d 448 , 457 , 307 N.W.2d 164 (1981).

1986See Cameron v. Milwaukee , 102 Wis.2d 448 , 457 , 307 N.W.2d 164 (1981).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Town of Hallie v. City of Chippewa Falls green
wis · 1982
2 sentences

2008Id. ¶ 146 The purpose of the state action test is to determine "whether state regulation of private parties is shielded from the federal antitrust laws." Southern Motor Carriers Rate Conference, Inc. v. United States, 471 U.S. 48, 57 , 105 S.Ct. 1721 , 85 L.Ed.2d 36 (1985) (emphasis added).

2008Cities are creatures of the state, derive their power from it, and are not recognized as independent sovereigns." Id. ¶ 145 It makes even less sense to apply the state action doctrine in this case.

31990–2008
National Broiler Marketing Ass'n v. United States green
scotus · 1978
1 sentence

2008While conceding that the conceptual underpinnings of the federal "state action" doctrine are distinct from what it designates as the "implied repeal" doctrine, the majority nonetheless concludes that state action cases are "instructive and persuasive." Id., ¶ 74 & n. 23. ¶ 142 In an even more astounding concession, the majority admits, just before applying the state action doctrine, that this is not "technically" a state or municipal action case.

12008–2008
Group Life & Health Insurance v. Royal Drug Co. green
scotus · 1979
2 sentences

2008Co. v. Royal Drug Co., 440 U.S. 205, 231 , 99 S.Ct. 1067 , 59 L.Ed.2d 261 (1979). [8] The majority opinion echoes the tone of the defendants' argument that "[t]he only wrinkle presented by this case is the City did not formalize its regulation in the form of an ordinance." In response, Eichenseer issued the following strong rebuke: "Whether or not a regulation is to be found in the written law may be considered a mere `wrinkle' in certain totalitarian nations, but not in the United States." I concur with this statement. [9] Having explained why the majority's failure to establish the requisite

2008Co. v. Royal Drug Co., 440 U.S. 205, 231 , 99 S.Ct. 1067 , 59 L.Ed.2d 261 (1979). [8] The majority opinion echoes the tone of the defendants' argument that "[t]he only wrinkle presented by this case is the City did not formalize its regulation in the form of an ordinance." In response, Eichenseer issued the following strong rebuke: "Whether or not a regulation is to be found in the written law may be considered a mere `wrinkle' in certain totalitarian nations, but not in the United States." I concur with this statement. [9] Having explained why the majority's failure to establish the requisite

12008–2008
Federal Trade Commission v. Ticor Title Insurance green
scotus · 1992
2 sentences

1993Id. at 421-24 .

1993Id. at 421-24 .

11993–1993
SHAD Alliance v. Smith Haven Mall green
ny · 1985
2 sentences

1987A disciplined perception of the proper role of the judiciary, and, more specifically, discernment of the reach of the mandates of our State constitution, precludes us from casting aside so fundamental a concept as State action in an effort to achieve what the dissent perceives as a more socially desirable result.” Id. at 505 , 488 N.E.2d at 1217 .

1987A disciplined perception of the proper role of the judiciary, and, more specifically, discernment of the reach of the mandates of our State constitution, precludes us from casting aside so fundamental a concept as State action in an effort to achieve what the dissent perceives as a more socially desirable result.” Id. at 505 , 488 N.E.2d at 1217 .

11987–1987
California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc. green
scotus · 1980
1 sentence

1986Any analysis of the state action doctrine must revolve around the two-pronged test articulated by a unanimous court in California Liquor Dealers Ass'n v. Midcal Aluminum, Inc ., 445 U.S. 97 (1980).

11986–1986

Statutes the citing opinions construe

WI § Wis. Stat. § 133.03 (4) WI § Wis. Stat. § 133.01 (3) WI § Wis. Stat. § 62.11 (3)

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.

Where else courts name it

CA 26 (1978–2026) MA 17 (1977–2020) NY 14 (1971–2025) TX 13 (1979–2026) MD 13 (1981–2015) CT 10 (1984–2020) IL 9 (1983–2006) WA 9 (1980–2023) WI 9 (1986–2026) OH 8 (1986–2020) NJ 7 (1983–2026) PA 6 (1980–2025) IA 6 (1936–2016) MI 5 (1977–2008) TN 5 (1995–2026) AZ 5 (1999–2007) MO 5 (1978–2012) FL 5 (1978–2004) NC 4 (1998–2020) IN 4 (1989–2014) NM 4 (1993–2019) AK 4 (1983–2023) NV 4 (1987–2001) DC 3 (1977–1989) UT 3 (1990–2006) ME 3 (2000–2009) CO 2 (1991–1997) ID 2 (1998–2026) RI 2 (2001–2001) NH 2 (1990–2003) DE 2 (1976–2013) LA 2 (1999–2008) MN 2 (1979–2005) SC 2 (2002–2003) MT 2 (1988–1990) AR 2 (2006–2008) AL 2 (2011–2014) GA 2 (1984–1997)

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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