Roger J. Traynor

Roger John Traynor (February 12, 1900 - May 14, 1983) served as Chief Justice of the Supreme Court of California from 1964 to 1970. Before that, he served as an Associate Justice from 1940 to 1964.

Contributions to the law

Traynor is widely considered to be the single greatest judge in the history of the California judiciary, and one of the greatest judges in the history of the United States{{ref|friedman}}. His obituary in the New York Times noted that "Traynor was often called one of the greatest judicial talents never to sit on the United States Supreme Court."{{ref|ledbetter}}

Related Topics:
Judge - California - Judiciary - United States - Obituary - New York Times - United States Supreme Court

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During his long and distinguished career, Traynor authored more than 900 opinions. Several of these were majority opinions which transformed California from a relatively conservative, backward frontier state into a liberal, progressive jurisdiction in the forefront of innovation in the law {{ref|debenedictis}}. In opinions written by Traynor, California adopted or developed:

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• true strict liability in tort for defective products (see product liability) in Greenman v. Yuba Power Products, Inc., 59 Cal. 2d 57 (1963) http://online.ceb.com/CalCases/C2/59C2d57.htm, which a 1996 panel of tort law experts subsequently ranked as the top development in tort law of the past 50 years {{ref|white}};
• the cause of action for negligent infliction of emotional distress (NIED) in State Rubbish Collectors Ass'n v. Siliznoff, 38 Cal. 2d 330 (1952) http://online.ceb.com/CalCases/C2/38C2d330.htm;
• the "moderate and restrained interpretation" doctrine for resolving conflict-of-laws problems, in Bernkrant v. Fowler, 55 Cal. 2d 588 (1961) http://online.ceb.com/calcases/C2/55C2d588.htm;
• the rule that majority shareholders of closely held corporations have a duty to not destroy the value of the shares held by minority shareholders, in Jones v. H. F. Ahmanson & Co., 1 Cal. 3d 93 (1969) http://online.ceb.com/calcases/C3/1C3d93.htm;
• the rule that extrinsic evidence of trade usage or custom is admissible where relevant to prove a meaning to which the language of a contract is reasonably susceptible, in Pacific Gas & Elec. Co. v. G. W. Thomas Drayage Co., 69 Cal. 2d 33 (1968) http://online.ceb.com/CalCases/C2/69C2d33.htm.

—and also abolished:

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• the defense of recrimination in the context of divorce, in De Burgh v. De Burgh, 39 Cal. 2d 858 (1952) http://online.ceb.com/CalCases/C2/39C2d858.htm;
• a state law prohibiting miscegenation, Civil Code Section 69, in Perez v. Sharp, 32 Cal. 2d 711 (1948) http://online.ceb.com/CalCases/C2/32C2d711.htm. The Supreme Court of California was the first state supreme court to abolish such laws.

Traynor was also noted for the quality of his writing and reasoning, and many of his opinions are still mandatory reading for American law students.

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Needless to say, the liberal tendencies of much of Traynor's work has made him the subject of ferocious criticism from American conservatives. For example, the conservative magazine National Review attacked Traynor's reasoning in the Pacific Gas and Electric case in a 1991 cover story{{ref|crovitz}}.

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