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· 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 CourtListener

Sourced 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.