· 9/15/2023
Live Joyfully, L.L.C. v. PNC Bank, N.A.
Citations
- 224 N.E.3d 674
- 2023 Ohio 3275
Syllabus
The trial court erred in dismissing plaintiff-appellant's complaint sua sponte without providing prior notice of its intention to dismiss and an opportunity to respond. Judgment reversed and remanded.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that state statutes are exempt “from the implied limitations of the [Commerce] Clause only when the congressional direction to do so has been ‘unmistakably clear’”
- recognizing that “a State clearly has a legiti- mate interest in the continued enforceability of its own stat- utes”
- holding that the State of Maine, which had intervened in a federal criminal prosecution under Section 2403(b
- holding that Maine's ban on the import of baitfish is constitutional because Maine has no other means to prevent the spread of parasites to and the adulteration of its unique, native fish species
- holding that a bar on the import of certain minnows was the only way for Maine to protect the state’s waters from the accidental introduction of hazardous parasites and nonnative species
- stating that the policies behind Bessemer City and Federal Rule of Civil Procedure 52(a) “all apply with full force in the criminal context, at least with respect to factual questions having nothing to do with guilt”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lewis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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