Legal Opinion

People ex rel. Harris v. Black Hawk Tobacco, Inc.

California Court of Appeal

Decided July 13, 2011No. E051027PublishedCited by 14 opinions

1Opinion of the Court

Opinion

CODRINGTON, J.

I

INTRODUCTION

The superior court granted a preliminary injunction prohibiting defendants and appellants Black Hawk Tobacco, Inc. (Black Hawk), and Frederick Allen McAllister (McAllister) from selling cigarettes to non-Indians in violation of state and federal laws. Black Hawk and McAllister appeal from the order granting the injunction. (Code Civ. Proc., § 904.1, subd. (a)(6).)

On appeal, defendants argue that the State of California cannot regulate defendants’ sale of cigarettes to non-Indians because defendants are operating stores located on trust lands held by the…

2Cases cited16 opinions

  1. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.California Supreme Court · 1999
  2. Montana v. United StatesSupreme Court of the United States · 1981
  3. Washington v. Confederated Tribes of the Colville Indian ReservationSupreme Court of the United States · 1980
  4. Moe v. Confederated Salish & Kootenai Tribes of the Flathead ReservationSupreme Court of the United States · 1976
  5. Nevada v. HicksSupreme Court of the United States · 2001

11 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Hambrick v. Healthcare Partners Medical Group, Inc.California Court of Appeal · 2015
  2. Kizer v. Tristar Risk Mgmt., California Court of Appeal, 5th District2017
  3. People ex rel. Becerra v. Rose, California Court of Appeal, 5th District2017
  4. People ex rel. Becerra v. Huber, California Court of Appeal, 5th District2019
  5. Hambrick v. Healthcare Partners Medical GroupCalifornia Court of Appeal · 2015

9 more not listed; retrieve them via the Exa API.

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