Cellphone Termination Fee Cases’s Empirical Analysis
2011
Citation profile
17 state decisions
Relationships
Applies 47 U.S.C. § 151 · 47 U.S.C. § 203 · 47 U.S.C. § 204 · 47 U.S.C. § 332 · 47 U.S.C. § 414
Relies on Arkansas Louisiana Gas Co. v. Hall · 19 Cal. 4th 1 - Yamaha Corp. of America v. State Board of Equalization · American Telephone and Telegraph Company, v. Central Office Telephone, Inc. · 17 Cal. 4th 599 - Santisas v. Goodin · People Ex Rel. Gallo v. Acuna
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Sprint argues that the trial court erred in judging the economic function of the ETF and choice it provided customers after the contract had either been performed or breached, and that it should instead have judged the choice the ETF provided customers at the outset of the contract. ( Blank v. Borden (1974) 11 Cal.3d 963, 971 , 115 Cal.Rptr. 31 , 524 P.2d 127 [(1974)] [arrangement viewed from the time of making the contract]). But, as Plaintiffs respond, the service agreements provided from the inception of the contract that an ETF could be triggered involuntarily by Sprint, confirming that at the time of contracting the provision was not understood or intended as providing only for a "rational choice" of the customer.”
1 later decision quote this exact passage“the ETF provisions `did not give the customers a rational choice of paying the ETF or completing the contract,' because the language of the ETF provision permitted Sprint to impose the fee on customers involuntarily.”
1 later decision quote this exact passage“While [ Hutchison ] is not binding on this court . . . , it is self-evident that in contrast we deal here with contrary factual findings made after trial on a full evidentiary record.”
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.