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Association des Eleveurs de Canards et d Oies du Quebec et al v. Kamala J Harris et al

RESPONSE IN SUPPORT of MOTION for Partial Summary Judgment as to Federal Preemption Claim 117 Plaintiffs' Responses to Defendant's Evidentiary Objections

15 Cited authorities

  1. Christensen v. Harris County

    529 U.S. 576 (2000)   Cited 1,895 times   18 Legal Analyses
    Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

  2. Jack v. Trans World Airlines, Inc.

    854 F. Supp. 654 (N.D. Cal. 1994)   Cited 53 times   2 Legal Analyses
    Holding that Article 17 of the Warsaw Convention permits recovery for emotional distress flowing from a physical injury

  3. Southern Pacific Transportation Co. v. Public Utility Commission

    9 F.3d 807 (9th Cir. 1993)   Cited 51 times
    Holding "state laws relating to noise emissions are preempted by the NCA only when a regulation has been enacted pursuant to the Act that covers the same carrier equipment."

  4. National Broiler Council v. Voss

    44 F.3d 740 (9th Cir. 1994)   Cited 26 times
    Holding that the PPIA's preemption clause expressly preempted state labeling requirements in addition to, or different than, federal labeling requirements

  5. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,128 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  6. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,568 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  7. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,193 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  8. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,720 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  9. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 5,184 times   49 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

  10. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,527 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

  11. Rule 44.1 - Determining Foreign Law

    Fed. R. Civ. P. 44.1   Cited 1,208 times   23 Legal Analyses
    Noting the court's determination of foreign law is treated as a question of law

  12. Section 451 - Congressional statement of findings

    21 U.S.C. § 451   Cited 102 times   2 Legal Analyses
    In 21 U.S.C. § 451, Congress bases the entire PPIA on its finding that "[u]nwholesome, adulterated, or misbranded poultry products" hurt people and destroy markets for poultry.

  13. Rule 604 - Interpreter

    Fed. R. Evid. 604   Cited 88 times
    Analogizing interpreters and expert witnesses for purposes of determining whether interpreter is qualified

  14. Section 453 - Definitions

    21 U.S.C. § 453   Cited 53 times   6 Legal Analyses
    Defining “adulterated” to include product that has been “prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health”