Legal Opinion

Dennis v. Higgins

Supreme Court of the United States

Decided February 20, 1991No. 89-1555PublishedCited by 435 opinions

1Opinion of the CourtJustice White

This case presents the question whether suits for violations of the Commerce Clause may be brought under 93 Stat. 1284, as amended, 42 U. S. C. § 1983. We hold that they may.

*441I

Petitioner does business as an unincorporated motor carrier with his principal place of business in Ohio. He owns tractors and trailers that are registered in Ohio and operated in several States including Nebraska. On December 17, 1984, he filed a class action in a Nebraska trial court challenging the constitutionality of certain “retaliatory” taxes and fees imposed by the State of Nebraska on motor carriers with…

2Cases cited36 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Cort v. AshSupreme Court of the United States · 1975
  3. Gibbons v. OgdenSupreme Court of the United States · 1824
  4. Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
  5. Haguer v. Committee for Industrial OrganizationSupreme Court of the United States · 1939

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3Cited by435 opinions

  1. Bennett v. SpearSupreme Court of the United States · 1997
  2. Livadas v. BradshawSupreme Court of the United States · 1994
  3. Powers v. Hamilton County Public Defender CommissionCourt of Appeals for the Sixth Circuit · 2007
  4. Crosby v. City of GastoniaCourt of Appeals for the Fourth Circuit · 2011
  5. Club Italia Soccer & Sports Organization, Inc., a Michigan Non-Profit Corporation v. Charter Township of Shelby, MichiganCourt of Appeals for the Sixth Circuit · 2006

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