Legal Opinion

City & County of San Francisco v. PG & E Corp.

Court of Appeals for the Ninth Circuit

Decided January 9, 2006No. 03-16976, 03-17051PublishedCited by 21 opinions

1Opinion of the Court

THOMAS, Circuit Judge.

In this appeal, we consider whether a lawsuit filed by governmental entities seeking restitution to third parties pursuant to the California Unfair Practices Act constitutes a police and regulatory power action that cannot be removed to bankruptcy court. Under the circumstances presented here, we conclude that it does, and reverse the judgment of the district court.

I

The present controversy stems from the bankruptcy reorganization filed by Pacific Gas & Electric Company (“the Utility” or “the Debtor”). The Utility provides gas and electric services to more than four…

2Cases cited27 opinions

  1. Lockyer v. Mirant Corp.Court of Appeals for the Ninth Circuit · 2005
  2. Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
  3. California ex rel Lockyer v. Dynegy, Inc.Court of Appeals for the Ninth Circuit · 2004
  4. In Re the Celotex Corporation, Debtor. Owens-Illinois, Incorporated v. Rapid American Corporation, Successor in Interest to Philip-Carey CorporationCourt of Appeals for the Fourth Circuit · 1997
  5. Pelleport Investors, Inc. v. Budco Quality Theatres, Inc.Court of Appeals for the Ninth Circuit · 1984

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3Cited by21 opinions

  1. California v. Atlantic Richfield Co. (In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation)Court of Appeals for the Second Circuit · 2007
  2. Geruschat v. Ernst Young LLP (In Re Seven Fields Development Corp.)Court of Appeals for the Third Circuit · 2007
  3. McGuire v. United StatesCourt of Appeals for the Ninth Circuit · 2008
  4. Federal Trade Commission v. Commerce Planet, Inc.Court of Appeals for the Ninth Circuit · 2016
  5. Mark Dingley v. Yellow Logistics, LLCCourt of Appeals for the Ninth Circuit · 2017

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

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