WOODMANSEE

v.

CALIFORNIA

Citator

Cited By

• Webster Bivens v. SIX Unknown Named Agents OF the Fed. Bureau OF Narcotics, 409 F.2d 718 (2d Cir. 1969)
  …upon the government even in the absence of specific statutory authorization for suits to enforce the right to just compensation. 290 U.S. at 16, 54 S.Ct. 26. See Battaglia v. General Motors Corp., 169 F. 2d 254, 257 (2d Cir.) (dictum), cert. denied. 335 U.S. 887, 69 S.Ct. 236, 93 L.Ed. 425 (1948); see generally Developments in the Law — Remedies against the United States and Its Officials, 70 Harv.L.Rev. 827, 876-79 (1957). A third example of an implied constitutional remedy is the exclusionary rule declar…
• Lefcourt v. The Legal AID Soc'y, 445 F.2d 1150 (2d Cir. 1971)
  …ing reasons: This court has held that “it was the duty of the court to ascertain whether it had jurisdiction before proceeding to hear and decide the ease on the merits.” Battaglia v. General Motors Corp., 169 F. 2d 254 (2d Cir. 1948), cert. denied 335 U.S. 887, 69 S.Ct. 236, 93 L.Ed. 425 (1948); see also Emmons v. Smitt, 149 F. 2d 869 (6th Cir. 1945), cert. denied 326 U.S. 746, 66 S.Ct. 59, 90 L.Ed. 446 (1945). The trial court did not make such a determination in the instant case and instead dismissed pla…
• E. States Petroleum Corp. v. Rogers, 280 F.2d 611 (D.C. Cir. 1960)
  …urisdiction is itself subject to constitutional limitations, including those of due process. Crowell v. Benson, 1932, 285 U.S. 22, 56, 52 S.Ct. 285, 76 L.Ed. 598; Battaglia v. General Motors Corp., 2 Cir., 169 F. 2d 254, 257, certiorari denied 1948, 335 U.S. 887, 69 S.Ct. 236, 93 L.Ed. 425; see Hart & Wechsler, Federal Courts and the Federal System 312-40 (1953). But this is not a case where there is an asserted constitutional right without a constitutionally adequate remedy. Certiorari may be sought in w…