Legal Opinion · Dissent

United States v. AMC Entertainment, Inc.

Court of Appeals for the Ninth Circuit

Decided December 5, 2008No. 06-55390Published

1DissentWardlaw, Circuit Judge

I respectfully dissent from Part II.C of the majority opinion.1 In crafting a remedy that was no broader than necessary to address AMC’s violations of § 4.33.3, the district court did not abuse its discretion.2 On the contrary, the district court properly followed the Supreme Court’s instruction that no conflict exists, for the purposes of comity analysis, “where a person subject to regulation by two states can comply with the laws of both.” Hartford Fire Ins. Co. v. California, 509 U.S. 764, 799, 113 S.Ct. 2891, 125 L.Ed.2d 612 (1993) (internal quotation marks omitted). Disregarding the…

2Cases cited28 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Alden v. MaineSupreme Court of the United States · 1999
  3. Califano v. YamasakiSupreme Court of the United States · 1979
  4. United States v. MendozaSupreme Court of the United States · 1984
  5. Hartford Fire Ins. Co. v. CaliforniaSupreme Court of the United States · 1993

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