Public Finance Advisory: Supreme Court's Oneida Decision Holds State Law Favoring Public Sector Interests at the Expense of Private Commerce Is Constitutional; Kentucky Muni Case Remains Unresolved

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The U.S. Supreme Court today released its decision in United Haulers v. Oneida-Herkimer Solid Waste Management Authority. As described in our March 22, 2007 advisory, the Court's decision on the pending petition by the State of Kentucky for review by the Court of the closely watched case of Davis v. Kentucky Dept. of Revenue of the Finance and Admin. Cabinet, 97 S.W.3d 557 (2006) has been deferred pending the Oneida decision. One can now expect the Court to act soon on the Davis v. Kentucky certiorari petition, and we will provide more extensive analysis when the Court makes that decision. In the meantime, this Mintz Levin Advisory includes a few observations about the Oneida decision.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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