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← 161 Cal. App. 4th 928 - Brewer v. Murphy

161 Cal. App. 4th 928 - Brewer v. Murphy’s Empirical Analysis

2008

Citation profile

10
cited by 10 later decisions
1
states following
September 2017
most recently cited

10 state decisions

Relationships

Relies on 3 Cal. 2d 427 - Crawford v. Southern Pacific Co. · 8 Cal. 4th 791 - Ghirardo v. Antonioli · 26 Cal. 3d 301 - People v. Shirokow · 33 Cal. 3d 639 - Jessup Farms v. Baldwin · 35 Cal. 3d 564 - Warsaw v. Chicago Metallic Ceilings, Inc.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “'consumer product in consumer use' " exception for facilities and they did not establish disposals, as needed for liability; (iii) Defendants established defenses based on the HSAA's permitted release and nonretroactivity provisions (with the nonretroactivity determinations foreclosing the need for a jury phase), the statute of limitations, and a contractual release; (iv) in an equitable allocation of liability, Plaintiffs would bear 100 percent of costs; and (v) in addition to costs being unavailable (in the absence of a right of action), many costs claimed by Plaintiffs were not recoverable for other reasons. 5 Plaintiffs filed objections, which the trial court overruled. The court entered judgment for Defendants. Defendants filed motions for attorney fees and costs, which the court denied. Plaintiffs appealed the judgment, and Defendants appealed the fee and cost rulings. The State of California submitted an amicus brief in the Ninth Circuit in the federal case, and we invited the Attorney General to submit an amicus brief in this appeal. The parties were invited to respond. The Attorney General submitted a brief on behalf of amicus curiae DTSC, and the parties filed briefs in response. III. DISCUSSION A. Overview 1. Standard of review When we review a statement of decision, "findings on questions of fact are reviewed under the substantial evidence standard.”
    1 later decision quote this exact passage
  2. “[C]onclusions of law are subject to independent review ....”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.