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: Out of the Box Lawyering

An out-of-the-box way to find a solution for winning your case - - "Researching by wandering around" - - Using indexes to law review articles

By ajlevy

Let's assume that you live in Toledo, Ohio. Also assume that the state legislature, to induce an automobile manufacturer to construct an assembly plant, has authorized tax incentives, which, together with other tax incentives, will total perhaps $280 million. The trouble is that your client has a business which will be displaced if the proposed plant is built and your client therefore wants to oppose the incentives. Or assume you're an attorney for a group that is opposed to these types of tax incentives and the group wants to contest the tax incentives. Do you know what the winning argument was in the actual case in the U.S. Sixth Circuit Court of Appeals - - and would you have thought of it? (No, the winner was not an eminent domain argument. That argument lost in a related case.) Here are the facts according to the Sixth Circuit in Cuno v. DaimlerChrysler, 386 F.3d 738 (6th Cir. 2004): DaimlerChrysler entered into an agreement with the City of Toledo, Ohio to construct a new vehicle-assembly plant near the company's existing facility in exchange for various tax incentives. DaimlerChrysler estimated that it would invest approximately $1.2 billion in the project, which would either...

Full post as published by Out of the Box Lawyering on July 22, 2005 (boomark / email).