14 Vermont opinions name it 2 courts 1916–2024 2 in the last five years
The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bronco Wine Co. v. Jollygreen1 sentence2024See, e.g., Guidance Endodontics, LLC v. Dentsply Int’l, Inc., 663 F. Supp. 2d 1138, 1152 (D.N.M. 2009) 18 (rejecting Commerce Clause challenge to New Mexico consumer protection statute); Bronco Wine Co. v. Jolly, 29 Cal. Rptr. 3d 462, 481-92 (Ct. App. 2005) (California statute restricting use of misleading wine labels did not violate Commerce Clause). | 1 | 1 |
Guidance Endodontics, LLC v. Dentsply International, Inc.green1 sentence2024See, e.g., Guidance Endodontics, LLC v. Dentsply Int’l, Inc., 663 F. Supp. 2d 1138, 1152 (D.N.M. 2009) 18 (rejecting Commerce Clause challenge to New Mexico consumer protection statute); Bronco Wine Co. v. Jolly, 29 Cal. Rptr. 3d 462, 481-92 (Ct. App. 2005) (California statute restricting use of misleading wine labels did not violate Commerce Clause). | 1 | 1 |
Allied-Bruce Terminix Cos., Inc. v. Dobsongreen1 sentence2018The Supreme Court, holding that the FAA was intended to be co-extensive with the commerce clause, found that the FAA applied to the inspection contract for two reasons: the inspection company was a national concern and the company shipped goods into the forum from out-of-state. 513 U.S. at 269, 282 . | 1 | 1 |
Shapiro v. Cookegreen1 sentence2006See Schumacher, 965 F.2d at 1265 n.4 (rejecting claim that Pennsylvania statute requiring graduation from accredited law school imposed burden on out-of-state attorney’s right to compete across state borders); Giannini, 911 F.2d at 358-59 (holding that it was not “an unreasonable interference with commerce for attorneys of other states to be required to take the California bar to be able to practice in California”); Shapiro v. Cooke, 552 F. Supp. 581, 589 (N.D.N.Y. 1982) (holding that the “Commerce Clause is not offended by a rule which permits some, but not all, out-of-state attorneys to be a | 1 | 1 |
Joseph R. Giannini v. Manuel L. Real A. Wallace Tashimagreen1 sentence2006See Schumacher, 965 F.2d at 1265 n.4 (rejecting claim that Pennsylvania statute requiring graduation from accredited law school imposed burden on out-of-state attorney’s right to compete across state borders); Giannini, 911 F.2d at 358-59 (holding that it was not “an unreasonable interference with commerce for attorneys of other states to be required to take the California bar to be able to practice in California”); Shapiro v. Cooke, 552 F. Supp. 581, 589 (N.D.N.Y. 1982) (holding that the “Commerce Clause is not offended by a rule which permits some, but not all, out-of-state attorneys to be a | 1 | 1 |
Schumacher v. Nixgreen1 sentence2006See Schumacher, 965 F.2d at 1265 n.4 (rejecting claim that Pennsylvania statute requiring graduation from accredited law school imposed burden on out-of-state attorney’s right to compete across state borders); Giannini, 911 F.2d at 358-59 (holding that it was not “an unreasonable interference with commerce for attorneys of other states to be required to take the California bar to be able to practice in California”); Shapiro v. Cooke, 552 F. Supp. 581, 589 (N.D.N.Y. 1982) (holding that the “Commerce Clause is not offended by a rule which permits some, but not all, out-of-state attorneys to be a | 1 | 1 |
In Re Tariff Filing of Central Vermont Public Service Corp.green2 sentences2004Corp., 167 Vt. 626, 628 , 711 A.2d 1158, 1160 (1998) (mem.) (upholding a facially neutral rate classification under Commerce Clause challenge where record contained no evidence that classification affected out-of-state residents *475 disproportionately). 2004Corp., 167 Vt. 626, 628 , 711 A.2d 1158, 1160 (1998) (mem.) (upholding a facially neutral rate classification under Commerce Clause challenge where record contained no evidence that classification affected out-of-state residents *475 disproportionately). | 1 | 1 |
Private Truck Council of America, Inc. v. Stategreen2 sentences1989Ct. App. 1988) (“[discrimination cannot be corrected by retaliation”); Private Truck Council of America, Inc. v. State, 128 N.H. 466, 472 , 517 A.2d 1150, 1154 (1986) (same; “‘to prevent this was one of the chief ends sought to be accomplished by the adoption of the Constitution’”) (quoting Travis v. Yale & Towne Mfg. 1989Ct. App. 1988) (“[discrimination cannot be corrected by retaliation”); Private Truck Council of America, Inc. v. State, 128 N.H. 466, 472 , 517 A.2d 1150, 1154 (1986) (same; “‘to prevent this was one of the chief ends sought to be accomplished by the adoption of the Constitution’”) (quoting Travis v. Yale & Towne Mfg. | 1 | 1 |
State, Department of Revenue v. Private Truck Council of America, Inc.green2 sentences1989The court concluded that “[a] state may not violate the Commerce Clause in an attempt through self-help to coerce another state into desisting from a Commerce Clause violation.” Id.; see also Department of Revenue v. Private Truck Council of America, Inc., 531 So. 2d 367, 369 (Fla. Dist. 1989The court concluded that “[a] state may not violate the Commerce Clause in an attempt through self-help to coerce another state into desisting from a Commerce Clause violation.” Id.; see also Department of Revenue v. Private Truck Council of America, Inc., 531 So. 2d 367, 369 (Fla. Dist. | 1 | 1 |
Western Live Stock v. Bureau of Revenuegreen1 sentence1978Western Live Stock v. Bureau of Revenue, 303 U.S. 250, 254 (1938) states: It was not the purpose of the commerce clause to relieve those engaged in interstate commerce from their just share of state tax burden even though it increases the costs of doing the business. ‘Even interstate business must pay its way/ .... | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Champlain Realty Co. v. Town of Brattleboro
green
2 sentences1937Champlain Realty Company v. Brattleboro, 260 U.S. 366 , 67 L. ed. 309, 43 Sup. Ct. 146, 25 A.L.R. 1195 . 1923Thereupon, by writ of certiorari to this Court, the ease was taken to the Supreme Court of the United States, where it was held that at the time the tax was assessed (April 1, 1919), the pulp wood taxed was interstate commerce in transit, and consequently, under the commerce clause of the Federal Constitution, not subject to local taxation. *30 The judgment of this Court was therefore reversed and cause remanded for further proceedings not inconsistent with the opinion rendered by that Court. 260 U. S. 366 , 67 L. ed.-, 43 Sup. Ct. 146. | 2 | 1923–1937 |
Jones v. United States
green
1 sentence2024Jones v. U.S., 529 U.S. 848 , 858 (2000). | 1 | 2024–2024 |
Citizens Bank v. Alafabco, Inc.
green
1 sentence2018In Citizens Bank v. Alafabco, Inc., builder sued a bank that had provided financing for construction projects in Alabama. 539 U.S. 52 (2003). | 1 | 2018–2018 |
Glassford v. BrickKicker and GDM Home Services, Inc.
green
1 sentence2018Under this analysis, the Inspector Defendants are part of a national home inspection franchise called The BrickKicker. 2011 VT 118 ¶ 2 ; Def’s Resp. to Surreply at 3. | 1 | 2018–2018 |
Shapiro v. Cooke
green
1 sentence2006See Schumacher, 965 F.2d at 1265 n.4 (rejecting claim that Pennsylvania statute requiring graduation from accredited law school imposed burden on out-of-state attorney’s right to compete across state borders); Giannini, 911 F.2d at 358-59 (holding that it was not “an unreasonable interference with commerce for attorneys of other states to be required to take the California bar to be able to practice in California”); Shapiro v. Cooke, 552 F. Supp. 581, 589 (N.D.N.Y. 1982) (holding that the “Commerce Clause is not offended by a rule which permits some, but not all, out-of-state attorneys to be a | 1 | 2006–2006 |
State v. Dodge
green
2 sentences1982State v. Dodge, supra, 76 Vt. at 204 , 56 A. at 984 . 1982State v. Dodge, supra, 76 Vt. at 204 , 56 A. at 984 . | 1 | 1982–1982 |
Complete Auto Transit, Inc. v. Brady
green
1 sentence1982To be upheld under that clause, Act No. 87 and its predecessor must survive the test of Complete Auto Transit, Inc. v. Brady, 430 U.S. 274 (1977). | 1 | 1982–1982 |
Head v. New Mexico Board of Examiners in Optometry
green
2 sentences1968Head v. New Mexico Board of Examiners in Optometry (1963), 374 U.S. 424 , 83 S.Ct. 1759 , 10 L.Ed.2d 983, 987-989 . 1968Head v. New Mexico Board of Examiners in Optometry (1963), 374 U.S. 424 , 83 S.Ct. 1759 , 10 L.Ed.2d 983, 987-989 . | 1 | 1968–1968 |
Nippert v. City of Richmond
green
2 sentences1963At one time such discrimination was considered to be in conflict with the privileges and immunities clause of the federal Constitution; since Nippert v. Richmond, 327 U.S. 416 , 66 S.Ct. 586 , 90 L.Ed. 760 , *486 however, the emphasis has been on its violation of the commerce clause, Art. 1, Sec. 8, Cl. 3 of the federal Constitution. 1963At one time such discrimination was considered to be in conflict with the privileges and immunities clause of the federal Constitution; since Nippert v. Richmond, 327 U.S. 416 , 66 S.Ct. 586 , 90 L.Ed. 760 , *486 however, the emphasis has been on its violation of the commerce clause, Art. 1, Sec. 8, Cl. 3 of the federal Constitution. | 1 | 1963–1963 |
Helson & Randolph v. Kentucky
green
2 sentences1937Following the construction placed upon the statute by the New Mexico Supreme Court, it was held that the tax was not a charge as compensation to the state for the use of its highways, but was an excise tax for the use of an instrumentality of interstate commerce, and as such, *Page 522 upon the authority of Helson v. Kentucky, supra, a clear contravention of the commerce clause of the Federal Constitution (art. 1, § 8, cl. 3). 1937Following the construction placed upon the statute by the New Mexico Supreme Court, it was held that the tax was not a charge as compensation to the state for the use of its highways, but was an excise tax for the use of an instrumentality of interstate commerce, and as such, upon the authority of Helson v. Kentucky, supra, a clear contravention of the commerce clause of the Federal Constitution (art. 1, § 8, cl. 3). | 1 | 1937–1937 |
American Express Co. v. Iowa
green
1 sentence1916As was said by the present Chief Justice in Americcm Express Co. v. Iowa, 196 U. S. 133 , 49 L. ed. 417, 25 Sup. Ct. 182, the decisions of the Supreme Court of the United States construing the commerce clause of the Federal Constitution rest “upon the broad principle of the freedom of commerce between the states, and the right of a citizen of one state to freely contract to receive merchandise from another state, and of the equal right of the citizen of a state to contract to send merchandise into other states." By fair, if not necessary construction, this record shows that the delivery to the | 1 | 1916–1916 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.