CRISTALL

v.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES (CRISTALL, REAL PARTY IN INTEREST)

Citator

Cited By (34 total)

• Dennis v. Higgins, 498 U.S. 439 (U.S. 1991)
  …here is no cause of action under § 1983 for violations of the commerce clause.” Id., at 430, 451 N. W. 2d, at 678. The court relied largely on the reasoning in Consolidated Freightways Corp. of Delaware v. Kassel, 730 F. 2d 1139 (CA8), cert. denied, 469 U. S. 834 (1984), which held that claims under the Commerce Clause are not cognizable under § 1983 because, among other things, “the Commerce Clause does not establish individual rights against government, but instead allocates power between the state and fed…

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• Nat'l Private Truck Council, Inc. v. Okla. Tax Comm'n, 515 U.S. 582 (U.S. 1995)
  …1990). The court awarded refunds under state law, but declined to award relief under § 1983 and declined to award attorney’s fees under §1988. In so ruling, it relied on Consolidated Freightways Corp. v. Kassel, 730 F. 2d 1139 (CA8), cert. denied, 469 U. S. 834 (1984), which held that § 1983 may not be used to secure remedies for dormant Commerce Clause violations. After the Oklahoma Supreme Court’s decision, we held that one of the “rights, privileges or immunities” protected by §1983 was the right to be…
• White Mountain Apache Tribe v. Williams, 810 F.2d 844 (9th Cir. 1984)
  …tional Political Process, 174-75 (1980) (quoted with approval in United Nuclear Corp. v. Cannon, 564 F.Supp. 581 (D.R.I.1983) and Consolidated Freightways v. Kassel, 556 F.Supp. 740, 746 (S.D.Iowa 1983) aff'd 730 F. 2d 1139 (8th Cir.), cert. denied, 469 U.S. 834, 105 S.Ct. 126, 83 L.Ed.2d 68 (1984)). We believe that § 1983 was not intended to encompass those constitutional provisions which allocate power between the state and federal government. See Consolidated Freightways v. Kassel, supra, 730 F. 2d at 1…