Bourdieu v. Pacific Western Oil Co.

Last updated
Bourdieu v. Pacific Western Oil Co.
Seal of the United States Supreme Court.svg
Argued October 12, 1936
Decided November 9, 1936
Full case nameBourdieu v. Pacific Western Oil Co.
Citations299 U.S. 65 ( more )
57 S. Ct. 51; 81 L. Ed. 42
Holding
An inquiry into indispensability would be unnecessary where the complaint did not state a cause of action.
Court membership
Chief Justice
Charles E. Hughes
Associate Justices
Willis Van Devanter  · James C. McReynolds
Louis Brandeis  · George Sutherland
Pierce Butler  · Harlan F. Stone
Owen Roberts  · Benjamin N. Cardozo
Case opinion
MajoritySutherland
Stone took no part in the consideration or decision of the case.

Bourdieu v. Pacific Western Oil Co., 299 U.S. 65 (1936), was a decision by the United States Supreme Court, which held that an inquiry into indispensability would be unnecessary where the complaint did not state a cause of action.

Contents

Background

Pacific Western Oil Corporation was established by Edward L. Doherty in 1928 before later coming under the control of J. Paul Getty and owned oil and gas drilling rights for large sections of Fresno County, California. An agricultural landowner had "mining" rights for the same area and sued. The oil companies asserted that, since their leases were issued by the United States Secretary of State, that they could not be sued without including the U.S. government but the court disagreed.

See also

Further reading

Text of Bourdieu v. Pacific Western Oil Co., 299 U.S. 65(1936) is available from:  CourtListener    Findlaw    Google Scholar    Justia  


Related Research Articles

Standard Oil Company, Inc., was an American oil production, transportation, refining, and marketing company that operated from 1870 to 1911. At its height, Standard Oil was the largest petroleum company in the world, and its success made its co-founder and chairman, John D. Rockefeller, among the wealthiest Americans of all time and among the richest people in modern history. Its history as one of the world's first and largest multinational corporations ended in 1911, when the U.S. Supreme Court ruled that it was an illegal monopoly.

Corporate personhood or juridical personality is the legal notion that a juridical person such as a corporation, separately from its associated human beings, has at least some of the legal rights and responsibilities enjoyed by natural persons. In most countries, a corporation has the same rights as a natural person to hold property, enter into contracts, and to sue or be sued.

Parens patriae is Latin for "parent of the nation". In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child, individual or animal who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, thus requiring state intervention.

Pacific Gas & Electric v. Public Utilities Commission, 475 U.S. 1 (1986), was a United States Supreme Court case involving the requirement that San Francisco-based public utility Pacific Gas and Electric Company carry a message supplied by a public interest group in rebuttal to the messages the utility supplied in its newsletter which it placed in its billing envelope.

<span class="mw-page-title-main">Pennzoil</span> American motor oil brand

Pennzoil is an American motor oil brand currently owned by Shell plc. The former Pennzoil Company had been established in 1913 in Pennsylvania, being active in business as an independent firm until it was acquired by Shell in 2002, becoming a brand of the conglomerate.

Burford v. Sun Oil Co., 319 U.S. 315 (1943), was a United States Supreme Court case in which the Court created a new doctrine of abstention.

Central Hudson Gas & Electric Corp. v. Public Service Commission, 447 U.S. 557 (1980), was an important case decided by the United States Supreme Court that laid out a four-part test for determining when restrictions on commercial speech violated the First Amendment of the United States Constitution. Justice Powell wrote the opinion of the court. Central Hudson Gas & Electric Corp. had challenged a Public Service Commission regulation that prohibited promotional advertising by electric utilities. Justice Brennan, Justice Blackmun, and Justice Stevens wrote separate concurring opinions, and the latter two were both joined by Justice Brennan. Justice Rehnquist dissented.

Travelers Casualty & Surety Co. of America v. Pacific Gas & Elec. Co., 549 U.S. 443 (2007), was a United States Supreme Court case about attorney's fees in bankruptcy cases. Justice Samuel Alito wrote the opinion for a unanimous court.

The Pacific Legal Foundation (PLF) is an American nonprofit public interest legal organization established for the purpose of defending and promoting individual and economic freedom. PLF attorneys provide pro bono legal representation, file amicus curiae briefs, and hold administrative proceedings with the stated goal of supporting property rights, equality before the law, freedom of speech and association, economic liberty, and the separation of powers. The organization is the first and oldest libertarian public interest law firm, having been founded in 1973.

Hawaii v. Standard Oil Co. of Cal., 405 U.S. 251 (1972), was a decision by the United States Supreme Court which held that Section 4 of the Clayton Antitrust Act does not authorize a U.S. state to sue for damages for an injury to its general economy allegedly attributable to a violation of the United States antitrust law.

Lingle v. Chevron U.S.A. Inc., 544 U.S. 528 (2005), was a landmark case in United States regulatory takings law whereby the Court expressly overruled precedent created in Agins v. City of Tiburon. Agins held that a government regulation of private property effects a taking if such regulation does not substantially advance legitimate state interests. Writing for the Court, Justice O’Connor found the test untenable for a number of reasons, but declined to grant Chevron relief because Chevron’s motion before the court was limited to a discussion of the “substantially advances” theory which had just been struck down. The Court remanded to the Ninth Circuit for a determination of whether the statute exacted a taking according to the formula of Penn Central.

American Electric Power Company v. Connecticut, 564 U.S. 410 (2011), was a United States Supreme Court case in which the Court, in an 8–0 decision, held that corporations cannot be sued for greenhouse gas emissions (GHGs) under federal common law, primarily because the Clean Air Act (CAA) delegates the management of carbon dioxide and other GHG emissions to the Environmental Protection Agency (EPA). Brought to court in July 2004 in the Southern District of New York, this was the first global warming case based on a public nuisance claim.

Pacific Western Airlines was a Canadian airline.

North American Co. v. Securities and Exchange Commission, 327 U.S. 686 (1946), is a United States Supreme Court case holding that a Securities and Exchange Commission (SEC) order under the Public Utility Holding Company Act (PUHCA) directing a public utility holding company to divest its securities of all companies except for one electric company did not violate the Commerce Clause or the Fifth Amendment to the United States Constitution.

United Gas Pipe Line Co. v. Ideal Cement Co., 369 U.S. 134 (1962), is a United States Supreme Court case which vacated a lower appellate court decision, holding that federal courts should abstain from ruling on the constitutionality of a state tax issue that state courts should determine.

Pacific Employers Insurance Co. v. Industrial Accident Commission, 306 U.S. 493 (1939), was a conflict of laws case decided by the United States Supreme Court, in which the court held that principles of federalism overcome the Full Faith and Credit Clause where a state is enforcing its own laws on events occurring within the state.

California Motor Transport Co. v. Trucking Unlimited, 404 U.S. 508 (1972), was a landmark decision of the US Supreme Court involving the right to make petitions to the government. The right to petition is enshrined in the First Amendment to the United States Constitution as: "Congress shall make no law...abridging...the right of the people...to petition the Government for a redress of grievances." This case involved an accusation that one group of companies was using state and federal regulatory actions to eliminate competitors. The Supreme Court ruled that the right to petition is integral to the legal system but using lawful means to achieve unlawful restraint of trade is not protected.

<span class="mw-page-title-main">Climate change litigation</span> Use of legal practice to further climate change mitigation

Climate change litigation, also known as climate litigation, is an emerging body of environmental law using legal practice to set case law precedent to further climate change mitigation efforts from public institutions, such as governments and companies. In the face of slow politics of climate change delaying climate change mitigation, activists and lawyers have increased efforts to use national and international judiciary systems to advance the effort. Climate litigation typically engages in one of five types of legal claims: Constitutional law, administrative law, private law (challenging corporations or other organizations for negligence, nuisance, etc., fraud or consumer protection, or human rights.

BP P.L.C. v. Mayor and City Council of Baltimore, 593 U.S. ___ (2021), was a case in the United States Supreme Court dealing with matters of jurisdiction of various climate change lawsuits in the United States judicial system.

Cedar Point Nursery v. Hassid, 594 U.S. ___ (2021), was a United States Supreme Court case involving eminent domain and labor relations. In its decision, the Court held that a regulation made pursuant to the California Agricultural Labor Relations Act that required agricultural employers to allow labor organizers to regularly access their property for the purposes of union recruitment constituted a per se taking under the Fifth Amendment. Consequently, the regulation may not be enforced unless “just compensation” is provided to the employers.