Legal Opinion

Bendix Autolite Corp. v. Midwesco Enterprises, Inc.

Supreme Court of the United States

Decided June 17, 1988No. 87-367PublishedCited by 217 opinions

1Opinion of the CourtJustice Kennedy

Ohio recognizes a 4-year statute of limitations in actions for breach of contract or fraud. The statute is tolled, however, for any period that a person or corporation is not “present” in the State. To be present in Ohio, a foreign corporation must appoint an agent for service of process, which operates as consent to the general jurisdiction of the Ohio courts. Applying well-settled constitutional principles, we find the Ohio statute that suspends limitations protection for out-of-state entities is a violation of the Commerce Clause.

I — I

Underlying the constitutional question presented by the…

2Cases cited16 opinions

  1. World-Wide Volkswagen Corp. v. WoodsonSupreme Court of the United States · 1980
  2. Asahi Metal Industry Co. v. Superior Court of Cal., Solano Cty.Supreme Court of the United States · 1987
  3. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  4. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  5. Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945

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3Cited by217 opinions

  1. American Dredging Co. v. MillerSupreme Court of the United States · 1994
  2. U. S. Term Limits, Inc. v. ThorntonSupreme Court of the United States · 1995
  3. Brown ex rel. Estate of Brown v. Lockheed Martin Corp. ex rel. Martin-Marietta Corp.Court of Appeals for the Second Circuit · 2016
  4. Reynoldsville Casket Co. v. HydeSupreme Court of the United States · 1995
  5. United States v. McCaneCourt of Appeals for the Tenth Circuit · 2009

212 more not listed; retrieve them via the Exa API.

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