Constitutional Law › Commercial Law & Contracts › Conflict of Laws

US District Court Prohibits Enforcement of California 340B Medicaid Mandatory Carve-In Law

The 340B program permits eligible hospitals and other “safety-net” providers (340B Covered Entities) to purchase outpatient drugs from pharmaceutical manufacturers at significant discounts. To address its fiscal woes,...more

Stark Exception For ESRD Not Recognized In Florida

On January 10, 2013, the U.S. Court of Appeals for the Eleventh Circuit ruled in Fresenius Medical Care Holdings, Inc. v. Tucker, that an arrangement can violate Section 456.053 of the Florida Statutes, also known as...more

Non-Compete Agreements with Arbitration Clauses Get Boost From US Supreme Court

Employers and employees often enter into non-compete agreements that limit an employee’s ability to compete with an employer during, or after, the employee’s employment. These agreements are often the subject of intense...more

Court Affirms Injunction Against NJ Unclaimed Property Law

In 2010, New Jersey’s unclaimed property statute was amended to provide for the custodial escheat of stored value cards (“SVCs”).  The New Jersey Retail Merchants Association, the New Jersey Food...more

Montana Shooting Sports Association, et al., v. Holder

Brief Amici Curiae of The Goldwater Institute and CATO Institute in Support of Plaintiffs/Appellants

On October 1, 2009, Montana passed the Montana Firearms Freedom Act, the purpose of which was to regulate guns manufactured and kept within Montana state lines under a less restrictive regulatory regime than federal law...more

Consumer Contracts and Class Actions: U.S. Supreme Court to Decide Whether State Unconscionability Law Bars Mandatory Individual...

While class actions continue to grow in importance as a means of resolving consumer disputes with U.S. businesses that provide credit cards, consumer lending, wireless telephones and other services, such providers customarily...more

Analysis: Federal Court Suspends Colorado Use Tax Reporting Requirements; Neutral Forum Reinvigorates Quill

A federal district court recently granted a motion for preliminary injunction filed by The Direct Marketing Association, thereby enjoining the Colorado Department of Revenue from enforcing its sales and use tax notification...more

Recent Private International Law Developments Before the Supreme Court of Canada

This article discusses a trilogy of interesting cases involving private international law which recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of...more

HARMONISATION OF INTERNATIONAL COMMERCIAL ARBITRATION

International Commercial Arbitration is the preferred method of dispute resolution between parties from different legal jurisdictions precisely because of its flexibility in the choice of law. Yet, that same flexibility...more

CONSTITUTIONAL VALIDITY of U.P. Sheera Niyanthran Adhiniyam, 1964.

The study attempts to examine the constitutional validity of enactments made by State legislatures in respect of raw materials used by industries involved in manufacture of Alcoholic products, with particular reference to the...more

Overcoming Latin American Skepticism to International Arbitration

This brief analysis of Latin American constitutionalism evaluates how the use of international arbitration can be a more effective tool of contract compliance given the region's traditional skepticism of enforcement...more