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6 California opinions name it 2 courts 1982–2018 0 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 |
|---|---|---|
Barrett v. Dawsongreen2 sentences2008If there is substantial impairment, the court must next ask whether there is a ‘significant and legitimate public purpose’ behind the state regulation at issue. [Citation.] If the state regulation passes that test, the final inquiry is whether means by which the regulation acts are of a ‘character appropriate’ to the public purpose identified in step two.” (Barrett v. Dawson (1998) 61 Cal.App.4th 1048, 1054-1055 [ 71 Cal.Rptr.2d 899 ].) The same analysis is applicable to the state Constitution’s contract clause. ( 61 Cal.App.4th at p. 1056 .) “The obligations of a contract are impaired by a la 2008If there is substantial impairment, the court must next ask whether there is a ‘significant and legitimate public purpose’ behind the state regulation at issue. [Citation.] If the state regulation passes that test, the final inquiry is whether means by which the regulation acts are of a ‘character appropriate’ to the public purpose identified in step two.” (Barrett v. Dawson (1998) 61 Cal.App.4th 1048, 1054-1055 [ 71 Cal.Rptr.2d 899 ].) The same analysis is applicable to the state Constitution’s contract clause. ( 61 Cal.App.4th at p. 1056 .) “The obligations of a contract are impaired by a la | 1 | 1 |
Hall v. Butte Home Health, Inc.green2 sentences2008However, it has long been settled that the proscription is “not an absolute one and is not to be read with literal exactness like a mathematical formula.” [Citation.]’ ” (Hall v. Butte Home Health, Inc. (1997) 60 Cal.App.4th 308, 318 [ 70 Cal.Rptr.2d 246 ].) “As the United States Supreme Court has interpreted the federal contracts clause, contracts clause questions turn on a three-step analysis. [Citation.] The first and threshold step is to ask whether there is any impairment at all, and, if there is, how substantial it is. [Citation.] If there is no ‘substantial’ impairment, that ends the in 2008However, it has long been settled that the proscription is “not an absolute one and is not to be read with literal exactness like a mathematical formula.” [Citation.]’ ” (Hall v. Butte Home Health, Inc. (1997) 60 Cal.App.4th 308, 318 [ 70 Cal.Rptr.2d 246 ].) “As the United States Supreme Court has interpreted the federal contracts clause, contracts clause questions turn on a three-step analysis. [Citation.] The first and threshold step is to ask whether there is any impairment at all, and, if there is, how substantial it is. [Citation.] If there is no ‘substantial’ impairment, that ends the in | 1 | 1 |
Energy Reserves Group, Inc. v. Kansas Power & Light Co.green2 sentences1998(See generally, Energy Reserves Group v. Kansas Power & Light (1983) 459 U.S. 400, 410-412 [ 103 S.Ct. 697, 703-705 , 74 L.Ed.2d 569 ].) The first and threshold step is to ask whether there is any impairment at all, and, if there *1055 is, how substantial it is. 1998(See generally, Energy Reserves Group v. Kansas Power & Light (1983) 459 U.S. 400, 410-412 [ 103 S.Ct. 697, 703-705 , 74 L.Ed.2d 569 ].) The first and threshold step is to ask whether there is any impairment at all, and, if there *1055 is, how substantial it is. | 1 | 1 |
BUTLER v. Commonwealth of Pennsylvaniagreen2 sentences1991(See, e.g., Higginbotham v. Baton Rouge (1939) 306 U.S. 535, 538-539 [ 83 L.Ed. 968, 971-972 , 59 S.Ct. 705 ], rehg. den. 307 U.S. 649 [ 83 L.Ed. 968 , 59 S.Ct. 705 ] [hereafter Higginbotham ]; Dodge v. Board of Education (1937) 302 U.S. 74, 78-79 ; Crenshaw v. United States (1890) 134 U.S. 99, 105-106 [ 33 L.Ed. 825, 827-828 , 10 S.Ct. 431 ]; Butler v. Pennsylvania (1850) 51 U.S. (10 How.) 402, 416-418 [ 13 L.Ed. 472, 478-479 ].) In Higginbotham, supra, a public officer (commissioner of public parks) was discharged in the middle of his term and sued to recover the balance of his salary for th 1991(See, e.g., Higginbotham v. Baton Rouge (1939) 306 U.S. 535, 538-539 [ 83 L.Ed. 968, 971-972 , 59 S.Ct. 705 ], rehg. den. 307 U.S. 649 [ 83 L.Ed. 968 , 59 S.Ct. 705 ] [hereafter Higginbotham ]; Dodge v. Board of Education (1937) 302 U.S. 74, 78-79 ; Crenshaw v. United States (1890) 134 U.S. 99, 105-106 [ 33 L.Ed. 825, 827-828 , 10 S.Ct. 431 ]; Butler v. Pennsylvania (1850) 51 U.S. (10 How.) 402, 416-418 [ 13 L.Ed. 472, 478-479 ].) In Higginbotham, supra, a public officer (commissioner of public parks) was discharged in the middle of his term and sued to recover the balance of his salary for th | 1 | 1 |
Crenshaw v. United Statesgreen2 sentences1991(See, e.g., Higginbotham v. Baton Rouge (1939) 306 U.S. 535, 538-539 [ 83 L.Ed. 968, 971-972 , 59 S.Ct. 705 ], rehg. den. 307 U.S. 649 [ 83 L.Ed. 968 , 59 S.Ct. 705 ] [hereafter Higginbotham ]; Dodge v. Board of Education (1937) 302 U.S. 74, 78-79 ; Crenshaw v. United States (1890) 134 U.S. 99, 105-106 [ 33 L.Ed. 825, 827-828 , 10 S.Ct. 431 ]; Butler v. Pennsylvania (1850) 51 U.S. (10 How.) 402, 416-418 [ 13 L.Ed. 472, 478-479 ].) In Higginbotham, supra, a public officer (commissioner of public parks) was discharged in the middle of his term and sued to recover the balance of his salary for th 1991(See, e.g., Higginbotham v. Baton Rouge (1939) 306 U.S. 535, 538-539 [ 83 L.Ed. 968, 971-972 , 59 S.Ct. 705 ], rehg. den. 307 U.S. 649 [ 83 L.Ed. 968 , 59 S.Ct. 705 ] [hereafter Higginbotham ]; Dodge v. Board of Education (1937) 302 U.S. 74, 78-79 ; Crenshaw v. United States (1890) 134 U.S. 99, 105-106 [ 33 L.Ed. 825, 827-828 , 10 S.Ct. 431 ]; Butler v. Pennsylvania (1850) 51 U.S. (10 How.) 402, 416-418 [ 13 L.Ed. 472, 478-479 ].) In Higginbotham, supra, a public officer (commissioner of public parks) was discharged in the middle of his term and sued to recover the balance of his salary for th | 1 | 1 |
Higginbotham v. City of Baton Rougegreen2 sentences1991(See, e.g., Higginbotham v. Baton Rouge (1939) 306 U.S. 535, 538-539 [ 83 L.Ed. 968, 971-972 , 59 S.Ct. 705 ], rehg. den. 307 U.S. 649 [ 83 L.Ed. 968 , 59 S.Ct. 705 ] [hereafter Higginbotham ]; Dodge v. Board of Education (1937) 302 U.S. 74, 78-79 ; Crenshaw v. United States (1890) 134 U.S. 99, 105-106 [ 33 L.Ed. 825, 827-828 , 10 S.Ct. 431 ]; Butler v. Pennsylvania (1850) 51 U.S. (10 How.) 402, 416-418 [ 13 L.Ed. 472, 478-479 ].) In Higginbotham, supra, a public officer (commissioner of public parks) was discharged in the middle of his term and sued to recover the balance of his salary for th 1991(See, e.g., Higginbotham v. Baton Rouge (1939) 306 U.S. 535, 538-539 [ 83 L.Ed. 968, 971-972 , 59 S.Ct. 705 ], rehg. den. 307 U.S. 649 [ 83 L.Ed. 968 , 59 S.Ct. 705 ] [hereafter Higginbotham ]; Dodge v. Board of Education (1937) 302 U.S. 74, 78-79 ; Crenshaw v. United States (1890) 134 U.S. 99, 105-106 [ 33 L.Ed. 825, 827-828 , 10 S.Ct. 431 ]; Butler v. Pennsylvania (1850) 51 U.S. (10 How.) 402, 416-418 [ 13 L.Ed. 472, 478-479 ].) In Higginbotham, supra, a public officer (commissioner of public parks) was discharged in the middle of his term and sued to recover the balance of his salary for th | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Allen v. Board of Administration
green
2 sentences2018Although pre-1967 retirees had been entitled to a fluctuating pension, the constitutional amendments expressly stated that such retirees could not use the new, substantially increased legislative salary when computing their retirement benefits. ( Id. at pp. 117-118, 123, 192 Cal.Rptr. 762 , 665 P.2d 534 .) The high court concluded that these changes did not unconstitutionally impair the vested rights of the pre-1967 retirees under a federal contracts clause analysis because those retirees could not have reasonably expected "under the terms of their employment contract to obtain retirement allo 2018Although pre-1967 retirees had been entitled to a fluctuating pension, the constitutional amendments expressly stated that such retirees could not use the new, substantially increased legislative salary when computing their retirement benefits. ( Id. at pp. 117-118, 123, 192 Cal.Rptr. 762 , 665 P.2d 534 .) The high court concluded that these changes did not unconstitutionally impair the vested rights of the pre-1967 retirees under a federal contracts clause analysis because those retirees could not have reasonably expected "under the terms of their employment contract to obtain retirement allo | 1 | 2018–2018 |
Dodge v. Board of Ed. of Chicago
green
2 sentences1991(See, e.g., Higginbotham v. Baton Rouge (1939) 306 U.S. 535, 538-539 [ 83 L.Ed. 968, 971-972 , 59 S.Ct. 705 ], rehg. den. 307 U.S. 649 [ 83 L.Ed. 968 , 59 S.Ct. 705 ] [hereafter Higginbotham ]; Dodge v. Board of Education (1937) 302 U.S. 74, 78-79 ; Crenshaw v. United States (1890) 134 U.S. 99, 105-106 [ 33 L.Ed. 825, 827-828 , 10 S.Ct. 431 ]; Butler v. Pennsylvania (1850) 51 U.S. (10 How.) 402, 416-418 [ 13 L.Ed. 472, 478-479 ].) In Higginbotham, supra, a public officer (commissioner of public parks) was discharged in the middle of his term and sued to recover the balance of his salary for th 1991(See, e.g., Higginbotham v. Baton Rouge (1939) 306 U.S. 535, 538-539 [ 83 L.Ed. 968, 971-972 , 59 S.Ct. 705 ], rehg. den. 307 U.S. 649 [ 83 L.Ed. 968 , 59 S.Ct. 705 ] [hereafter Higginbotham]; Dodge v. Board of Education (1937) 302 U.S. 74, 78-79 ; Crenshaw v. United States (1890) 134 U.S. 99, 105-106 [ 33 L.Ed. 825, 827-828 , 10 S.Ct. 431 ]; Butler v. Pennsylvania (1850) 51 U.S. (10 How.) 402, 416-418 [ 13 L.Ed. 472, 478-479 ].) In Higginbotham, supra, a public officer (commissioner of public parks) was discharged in the middle of his term and sued to recover the balance of his salary for the | 1 | 1991–1991 |
Higginbotham v. City of Baton Rouge
neutral
2 sentences1991(See, e.g., Higginbotham v. Baton Rouge (1939) 306 U.S. 535, 538-539 [ 83 L.Ed. 968, 971-972 , 59 S.Ct. 705 ], rehg. den. 307 U.S. 649 [ 83 L.Ed. 968 , 59 S.Ct. 705 ] [hereafter Higginbotham ]; Dodge v. Board of Education (1937) 302 U.S. 74, 78-79 ; Crenshaw v. United States (1890) 134 U.S. 99, 105-106 [ 33 L.Ed. 825, 827-828 , 10 S.Ct. 431 ]; Butler v. Pennsylvania (1850) 51 U.S. (10 How.) 402, 416-418 [ 13 L.Ed. 472, 478-479 ].) In Higginbotham, supra, a public officer (commissioner of public parks) was discharged in the middle of his term and sued to recover the balance of his salary for th 1991(See, e.g., Higginbotham v. Baton Rouge (1939) 306 U.S. 535, 538-539 [ 83 L.Ed. 968, 971-972 , 59 S.Ct. 705 ], rehg. den. 307 U.S. 649 [ 83 L.Ed. 968 , 59 S.Ct. 705 ] [hereafter Higginbotham]; Dodge v. Board of Education (1937) 302 U.S. 74, 78-79 ; Crenshaw v. United States (1890) 134 U.S. 99, 105-106 [ 33 L.Ed. 825, 827-828 , 10 S.Ct. 431 ]; Butler v. Pennsylvania (1850) 51 U.S. (10 How.) 402, 416-418 [ 13 L.Ed. 472, 478-479 ].) In Higginbotham, supra, a public officer (commissioner of public parks) was discharged in the middle of his term and sued to recover the balance of his salary for the | 1 | 1991–1991 |
Olson v. Cory
green
2 sentences1987Earned benefits are deferred compensation (Olson [v. Cory (1980)] 27 Cal.3d [532] at p. 540 [ 178 Cal.Rptr. 568 , 636 P.2d 532 ]) and, when payable, become a fixed indebtedness of the employer. [Fn. omitted.]” (Ibid.) “Pensions are a governmental obligation of great importance.” (Id., at p. 325, fn. 4.) We are sympathetic to the county’s desire to maintain the integrity of its pension plan and are mindful that to impair pension rights would violate the federal contracts clause. 1987Earned benefits are deferred compensation (Olson [v. Cory (1980)] 27 Cal.3d [532] at p. 540 [ 178 Cal.Rptr. 568 , 636 P.2d 532 ]) and, when payable, become a fixed indebtedness of the employer. [Fn. omitted.]” (Ibid.) “Pensions are a governmental obligation of great importance.” (Id., at p. 325, fn. 4.) We are sympathetic to the county’s desire to maintain the integrity of its pension plan and are mindful that to impair pension rights would violate the federal contracts clause. | 1 | 1987–1987 |
United States v. Will
green
1 sentence1982Defendants cite United States v. Will, supra, 449 U.S. 200 as favoring their position. | 1 | 1982–1982 |
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.