In Re Blaney’s Empirical Analysis

Citation profile

4 federal appellate · 105 state decisions

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 115 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Section 1116: “Any person injured or threatened with injury by violation of any of the provisions hereof shall be entitled to injunctive relief therefrom in a proper ease, and to recover any damages resulting therefrom in any court of competent jurisdiction. ’ ’ Section 1117: “As used herein, ‘labor organization’ means any organization or any agency or employee representation committee or any local unit thereof in which employees participate, and exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, hours of employment or conditions of work, which labor organization is not found to be [or to have been] financed in whole or in part, interfered with, dominated or controlled by the employer [or any employer association within one year of the commencement of any proceeding brought under this chapter. The plaintiff shall have the affirmative of the issue with respect to establishing the existence of a ‘ labor organization ’ as defined herein]. “As used herein, ‘person’ means any person, association, organization, partnership, corporation, unincorporated association or labor organization.” (The bracketed words were added by Stats. 1955, eh. 1417, § 1. It should be noted, by reference to footnote 1, that the definition of ‘ ‘ labor organization ’ ’ herein is substantially identical with that set forth in section 1 of San Benito County Ordinance No. 201.) Section 1118: “As used in this chapter, ‘jurisdictional strike’ mea”

   1 later decision quote this exact passage
   e.g. 52 Cal. 2d 162 - Chavez v. Sargent

2. “(P. 647) : “The identification of the constitutional protection of the right of free speech, press and assembly, with the publicizing of labor disputes or problems through the medium of picketing, boycotting and otherwise, has been established. [Citing many cases.]” (P. 648, after quoting from many of the cases cited, supra) : “It has been indicated, however, that the protection afforded by the free speech guarantee of the right to publicize a labor dispute by picketing, boycotting or otherwise is not absolute or necessarily controlled by the clear and present danger test. . . . And the purpose of the economic pressure and the means used to exert it must be lawful ...””

   1 later decision quote this exact passage
   e.g. Riviello v. Journeymen Barbers, Hairdressers & Cosmetologists' International Union of America

3. “is possible and proper where the language of the statute is mechanically severable, that is, where the valid and invalid parts can be separated by paragraph, sentence, clause, phrase, or even single words. [Citations.] [W]here there is no possibility of mechanical severance, as where the language is so broad as to cover subjects within and without the legislative power, and the defect cannot be cured by excising any word or group of words, the problem is quite different and more difficult of solution.”

   1 later decision quote this exact passage
   e.g. 104 Cal. App. 4th 598 - Bronco Wine Co. v. Espinoza