Amarel v. Connell

Opinion

EVANS, J.

Plaintiffs appeal from a judgment of dismissal after the trial court sustained, without leave to amend, defendants’ demurrer to the second amended complaint. The question presented is whether causes of action asserted under state law for anticompetitive practices impermissibly intrude upon the federal domain in foreign relations and foreign commerce when the alleged unlawful practices incidentally involve trade with a foreign nation. We conclude they do not and shall reverse the judgment.

I

We begin with the settled principle that a demurrer challenges only the legal sufficiency…