· 5/30/2000
SAC and Fox Nation v. Pierce
Citations
- 213 F.3d 566
- 2000 Colo. J. C.A.R. 3222
- 2000 U.S. App. LEXIS 11928
- 2000 WL 703025
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the legal incidence of the Kansas fuel tax falls on the distributor, not the retailer
- stating that the ultimate economic burden of the Kansas motor fuel tax “most assuredly falls on the consumer’’
- finding federal jurisdiction to address Tribe’s challenge of a state’s motor fuel distribution tax, following Moe
- distinguishing between Article III standing and prudential standing and explaining that, under latter doctrine, “a plaintiff generally must assert its own rights, rather than those belonging to third parties”
- ‘[T]he legal incidence of the [Kansas] tax law as presently written falls on the fuel distributors rather than on the Tribes’
- “The [plaintiff]’s uncontroverted affidavits, albeit conclusory, support their allegations of injury . . . [A] plaintiff may submit affidavits to particularize allegations of fact in support of its standing.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Baldock, Brorby, Lucero
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.