New China Restaurant, Inc., and Philip Dy Chin v. City of Charleston

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that FTC bulletin \not only lacks a definition but also has no authoritative effect; it is neither an exercise in notice-and-comment rulemaking nor the outcome of administrative adjudication.\
• acknowledging that in Safeco, the Supreme Court “treated willfulness as a question of law and directed that judgment be entered in a defendant’s favor without a trial.”
• rejecting claim for willfulness, in part because of “[t]he absence of a statutory or regulatory definition of the phrase” in dispute
• describing Safeco as “treat[ing] willfulness as a question of law” that “concerns objective reasonableness, not anyone’s state of mind”
• “[D]ecisions of district courts are not authoritative even within the rendering district. They cannot ‘settle’ any proposition.”
• “Courts have adopted different definitions of ‘contestable.’ ”

Source: CourtListener parenthetical corpus (CC0).