· 7/6/2009
Kleinsmith v. Shurtleff
Citations
- 571 F.3d 1033
- 2009 U.S. App. LEXIS 14593
- 2009 WL 1911737
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that “typically it is harder for a nonresident to conduct a business or a profession in a state than it is for a resident”
- stating that the claimant can prevail under the dormant commerce clause by showing that a facially neutral state statute “discriminates in practical effect”
- stating that the claimant can prevail under the dormant commerce clause by showing that a facially neutral state statute “discriminates in practical effect”
- observing that, although trust statute would permit Utah attorneys to use home as requisite place of business within state, it was hardly apparent that many would wish to do so
- noting a law “may be neutral in its terms and still discriminate against interstate commerce”
- declining to reach the merits of appellant’s vagueness claim where the district court had declined to do so after it was first raised in a motion to reconsider
Source: CourtListener parenthetical corpus (CC0).
Judges: Tacha, Ebel, Hartz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.