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Updated: October 18, 2005
Cuno v. DaimlerChrysler et al.: Supreme Court & 6th Circuit Court of Appeals
Mayer, Brown, Rowe & Maw LLP
| On September 16, 2004, DaimlerChrysler petitioned the 6th Circuit Court of Appeals to rehear a recent decision declaring unconstitutional an investment tax credit enacted by the State of Ohio to retain jobs and encourage economic development, especially in distressed areas.
The State of Ohio and the City of Toledo also petitioned the court to rehear the decision. After rehearing was denied, DaimlerChrysler and the State of Ohio petitioned the Supreme Court for a writ of certiorari, which was granted on October 3, 2005. Briefs and petitions are available below.
DaimlerChrysler and the Governments were supported by a wide variety of diverse interests. Links to DaimlerChrysler's Petition, The State of Ohio's Petition and the supporting briefs are below (The supporting briefs appear in alphabetical order.):
Supreme Court Documents for DaimlerChryseler Corporation v. Charlotte Cuno, et al.,.
- Amicus Brief of Council on State Taxation and National Association of Manufacturers
- Ashbrook Center for Public Affairs Amicus Brief in Support of DaimlerChrysler
- Brief Amicus Curiae of the Michigan Manufacturers Association in Support of Petitioners
- Brief of Amici Curiae AlphaGenics, Inc., et al. in Support of Petitioners
- Brief of Amici Curiae DirectTV, Inc. and Echostar Satellite L.L.C. In Support of None of the Parties
- Brief of Florida, Alabama et al. as Amici Curiae in Support of Petitioners
- Brief of the International Union, et al.
- Brief of Petitioners (Municipal, School Board, and Ohio)
- City of New York Amicus Brief in Support of DaimlerChrysler
- Daimler-Chrysler v. Cuno CERT Petition - June 2005
- State of Ohio Cert Petition
- Cuno's Cert Petition & Appendix - April 18, 2005
- DaimlerChrysler's Opposition Brief to Cuno's Cert Petition
- State of Ohio Opposition Brief to Cuno's Cert Petition
- DaimlerChrysler Reply Brief in Case No. 04-1704
- Brief of the States of Florida, Alabama, et al.
- Council on State Taxation, National Association of Manufacturers, and Chamber of Commerce of the United States, filed on behalf of DaimlerChrysler
- Cuno Request for Extension for Response until August 17, 2005 (filed with US SCt. on 7/15/05)
- Ford Motor Company/General Motors Corporation amicus brief in support of petitioner in case 04-1704 before the Supreme Court of the United States.
- Ford Motor Company & General Motors Corporation Amicus
- Kentucky Chamber of Commerce, Michigan Chamber of Commerce, Tennessee Chamber of Commerce and Industry, Detroit Regional Chamber of Commerce and Toledo Area Chamber of Commerce, all in support of petitioner in No. 04-1704
- Louisville Area Chamber of Commerce, Greater Cincinnati Chamber of Commerce, Nashville Area Chamber of Commerce, Commerce Lexington, Inc., Scott County United, Inc., Northern Kentucky Chamber of Commerce & Tri-County Economic Development Corp., Knoxville Area Chamber Partnership, Chattanooga Area Chamber of Commerce, Memphis Regional Chamber of Commerce, Johnson City/Jonesborough/Washington County Chamber of Commerce & Economic Development Board and the Kinsport Area Chamber of Commerce, all in support of Ohio Petitioners' and DaimlerChrysler's petitions.
- Michigan Economic Development Corporation in support of petitioners, DaimlerChrysler and State of Ohio in Nos. 04-1704 and 04-1724
- Motion for Leave to File Brief and Brief Amicus Curiae of Washington Legal Foundation in Support of Petitioners.
- National League of Cities, International Municipal Lawyers Association, in support of petitioners State of Ohio and City of Toledo in No. 04-1724
- National Governors Association in support of petitioner State of Ohio in No. 04-1724
- Nissan North America in support of petitioner in No. 04-1704
- Pacific Legal Foundation Amicus Brief
- Petitioners' Reply Memorandum filed on 8/15/05 in case number 04-1407
- Respondents' Response Brief filed on 8/17/05 in case numbers 04-1704 and 04-1724
- State of Ohio Reply Brief in Case No. 04-1724
- Tax Foundation Brief Amicus - July, 2005
- Tax Foundation Brief Amicus - November, 2005
- Tax Executives Institute Brief Amicus
- Theodore B. Olson's letter of 10/24/05 to the court, advising of consent generally to filing of amicus briefs in support of either side.
- UAW (International Union, United Automobile, Aerospace & Agricultural Implement Workers of America)
- U.S. Chamber of Commerce, et al. Amicus Brief
- US SCT. grant of an extension to respondents to file their brief in No. 04-1704 and No. 14-1724, to and including August 17, 2005.
- Wayne County, Michigan Amicus Brief in Support of DaimlerChrysler
Documents for Cuno v. DaimlerChrysler et al.: 6th Circuit Court of Appeals
- Petition for Rehearing of DaimlerChrysler Corporation
- The State of Ohio's Petition
- Petition from the City of Toledo and Local School Districts
- Brief of the Alliance of Automobile Manufactures and the Association of International Automobile Manufacturers
- Brief of Amici Curiae Government Interests
- Brief of Amicus Curiae Michigan Economic Development Corporation
- Brief of Amici Curiae State of Michgan, Commonwealth of Kentucky, and State of Tennessee
- Brief of Council on State Taxation
- Brief of Ford Motor Company
- Brief of The Kentucky Chamber of Commerce, Michigan Chamber of Commerce, Ohio Chamber of Commerce, Tennessee Chamber of Commerce and Industry, and Detroit Regional Chamber of Commerce
- Brief of Louisville Area Chamber of Commerce, Inc. (d/b/a Greater Louisville Inc.), Greater Cincinnati Chamber of Commerce, Greater Columbus Chamber of Commerce, Nashville Area Chamber of Commerce, and Commerce Lexington, Inc.
- Brief for the National Association of Manufacturers and the Chamber of Commerce of the United States
- Brief of Nissan North America, Inc.
- Brief of the Ohio Manufacturers' Association
- Brief of Tax Executives Institute, Inc.
- Brief of Toledo Area Chamber of Commerce
- Brief of UAW
- City of Toledo's Supplemental Memorandum in Support of Petition for Rehearing with Suggestion for Rehearing En Banc
- DaimlerChrysler Corporation's Supplemental Memorandum of Law in Support of the Petition for Rehearing with Suggestion for Rehearing En Banc
- Motion of DaimlerChrysler Corp. to Stay the Mandate Pending Disposition of a Petition for a Writ of Certiorari
- The Municipal Defendants' and the Public School District Defendants' Motion to Stay the Mandate
- Sixth Circuit Denial of Petitions for Rehearing En Banc
- State of Ohio's Motion to Stay the Mandate
- The State of Ohio's Supplemental Memorandum in Support of Its Petition for Rehearing with Suggestion for Rehearing En Banc
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